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Reasons
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(영문) 서울중앙지방법원 2017.04.12 2016고정639
재물손괴등
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The injured Party C, “2016 High 639, a person holding the right to manage the said store located in D shop in Seoul, Jung-gu, Seoul, and the Defendant sold the said store under the pretext of debt repayment to the deceased E, the husband of the above injured party, on February 24, 1976. However, the Defendant filed a lawsuit with the Seoul Central District Court to confirm the ownership of the said store and to request the name of the said store, but lost on July 18, 2013 (Supreme Court Decision 201 Decided November 27, 2014). Nevertheless, on August 19, 2015, the Seoul Central District Court decided to dispose of the real estate possession transfer price for the said store.

1. On September 3, 2015, at around 17:05, the Defendant destroyed two locks in total amounting to KRW 20,000,00 in the market price owned by the victim C, by having the repairing machine of the key to his name cut the locks installed at the entrance and exit of the said store and make payment to the locked.

2. On September 5, 2015, the Defendant infringed upon a structure by having the name-free figures open the entrance doors of the stores Nos. 10 and 28 and piling up the fire in the said places at around 10:30 on September 5, 2015, and by continuously piling up the boxes of 16:10 on the same day, the Defendant intruded the structure managed by the damaged person.

around 12:20 on January 30, 2016, the Defendant: (a) cut off and damaged the locks equivalent to KRW 20,000,00 in the market price set up at the entrance by the victim C, who has the right to dispose of the said store in front of the store located in the D shop located in Jung-gu Seoul Metropolitan Government, Seoul.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by C by the witness in the second public trial protocol;

1. Statement of each police statement with respect to C, F, and G;

1. One investigation report (data submitted to the victim C), on-site CCTV photographs, and USB (CCTV.).

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