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(영문) 서울남부지방법원 2016.11.22 2016고정559
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 15, 2015, the Defendant was dissatisfied with the flow of rainwater into the underground floor located in the 101st floor of the 1st floor of the ground in which the leveld damage D of Gangseo-gu Seoul Metropolitan Government was located, and the Defendant was dissatisfied with the flow of rainwater from the 101st floor of the 1st floor of the ground in which the victim D was located. On June 15, 2015, the Defendant installed the glass entrance and the glass wall of the above 101 commercial building, which is the victim’s ownership, a hack pipe and a wooden joint plate so that the entrance can not be used for that purpose.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and the defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. The defendant asserted that the complainant did not commit a crime since the complainant filed a criminal complaint because only the entrance door behind the commercial building No. 101, and the rainwater inflow problem to the underground floor through the refund system before the entrance did not resolve it. Thus, the defendant inevitably installed a boom, and the complainant and the tenant removed it without permission. Since the complainant et al. later, the complainant et al. paid 50,000 won on the condition that the complainant et al. destroyed it and restored to the boom, and again installed a 500,000 won which the defendant received from the complainant, and since the complainant filed a criminal complaint against the damage to property, the defendant does not constitute a justifiable act under Article 20 of the Criminal Act.

According to the evidence duly adopted and examined by this Court, D, the owner of Gangseo-gu Seoul Metropolitan Government C Superior (hereinafter “instant commercial building”) 101, leased No. 101 to E around April 2014, and E, respectively.

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