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(영문) 대전지방법원 2017.11.23 2017고정1245
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 19, 2016, the Defendant acquired the ownership of the 4th floor above the ground in Daejeon-gu, Daejeon-gu, through a compulsory auction procedure, and the victim C and the victim D are those who claim a lien based on the construction price claim and occupy the said building.

1. On March 24, 2017, around 20:00, the Defendant: (a) destroyed two unmanned guard system EMOCK in the aggregate amounting to KRW 286,000 in the market price established by the victim C to exercise the right of retention in the above building; (b) caused damage to E by the boiler repair engineer who knows that it is the victim’s small milk.

2. At around 12:00 of the same month, the Defendant removed two acrylic boards in an amount equivalent to a total of 100,000 won of the market price established by the victim D Co., Ltd. for the exercise of the right of retention from the above building, thereby impairing its utility, and destroyed and damaged the lock lock devices equivalent to KRW 132,00 in the market price.

3. On the 28th of the same month, at around 09:00, the Defendant removed from the above building a set of 50,000 won at the market price established by the victim D Co., Ltd. for the exercise of the right of retention, one set of the acrylic board for the exercise of the right of retention, and discarded it to a place where it is unknown.

4. On the 29th day of the same month, the Defendant, at around 17:00, removed from the above building, after committing the Defendant’s crime of paragraph (3), one set of a public notice of the exercise of the right of retention at a place equivalent to 50,000 won at the market price newly installed by the Victim D Co., Ltd., the Defendant discarded its utility into a place

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to C, F, and G;

1. Each statement of H and C;

1. On-site photographs, copies of investigation reports on current status, orders to deliver real estate, certificates of all registered matters, and other documents;

1. A copy of documents, such as a written estimate or a lien report;

1. Each investigation report, each written confirmation of the investigation process and each report on the investigation results;

1. Application of Acts and subordinate statutes to reports on internal accidents and reports on the occurrence thereof;

1. Articles 366 and 34(1) of the Criminal Act and Articles 366 and 34 of the Criminal Act concerning the crime and the choice of punishment;

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