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(영문) 부산지방법원 2017.03.30 2016고정4176
재물손괴등
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On May 10, 2016, the Defendant opened a water meter installed on the wall surface of the entrance door No. 102 and 103 to prevent the use of water for the reason that the victim D, living in the same building No. 103, and the victim E, living in the same building No. 102, failed to pay the management expenses, and removed the top of the water meter, the market price of which is not known to the victims installed inside the inside, thereby impairing the utility of the water meter.

2. On July 19, 2016, the Defendant opened a water meter for the same reasons as indicated in paragraph (1) at the place, and removed and concealed two of the measuring instruments, the market price of which is the victims’ possession, and which are installed inside the facility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act is the first offender who has no criminal history of 78 years of age, and the victim's refusal to pay some of the above-mentioned expenses for a period of more than one year and the amount of arrears has reached KRW 10,000,00 of the above-mentioned expenses, and the victim has taken measures such as sending proof of contents demanding the payment of the above arrears to the victims under the annual report of other tenants, but still the victim has committed the crime of this case in order to respond to the refusal of payment, considering the fact that the victim has committed the crime of this case.

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