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Defendant
A shall be punished by a fine of 500,000 won.
Defendant
If A does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendant
A on January 5, 2016, at the end of the Victim E located in YY A around 00:0 p.m., the victim, who was in dispute over the usual land boundary, destroyed a mail party owned by the victim so that the market price remains unreciled repair cost by stating that the victim, who was in dispute over the usual land boundary, is good, and that the red frame that is not easily erased, is packed as cement on the top of the aforesaid mast, which is packed with cement in a page.
Summary of Evidence
1. The defendant A's partial statement
1. Legal statement of witness E;
1. Photographs (85 -92 pages of investigation records) (The defendant A and his defense counsel recognized that the defendant committed an act identical to that recorded in the facts constituting a crime as stated in the judgment of the court, but written shot on the other party;
It has impaired the utility of the piracy party.
It cannot be said that the crime of damaging property is not established.
The argument is asserted.
However, when considering the fact that the Defendant, as the victim's private land, has frequently fallen on the mast that the victim has no choice but to move out of the house, the shape of the scam which can be confirmed through pictures (the investigation record 86 pages) and the relationship between the Defendant and the victim, etc., the Defendant appears to have given considerable inconvenience to the victim in light of the aesthetic and emotional aspects, and the mast in the house is not only "road for access to the outside," but also "daily living space" as well as "daily living space". As such, as long as the math caused by the scam, it has impaired the utility of the party as long as it has given considerable inconvenience to the victim in terms of aesthetic and emotional aspects.
In the crime of damage to property, the phrase that the use of the property can be seen and that the property cannot be used temporarily includes making it into a state where the property cannot be used. The paint that the defendant used in the abortion seems not to be easily crossed out unless it is erased by using special solvents, etc. (According to the victim's statement, the above abortion is about two months after the end of the two months.