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(영문) 수원지방법원 여주지원 2016.03.04 2015고정291
재물손괴교사
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner of two new buildings of Gyeonggi-gu E commercial building, and the defendant B is the building contractor who constructed the above building.

1. On June 20, 2015, Defendant A: (a) at the Gyeonggi Gyeonggi-gun E, a building business entity, laid down concrete on the border part of G land owned by the victim F (F, 54 years old); (b) the part of G land owned by the victim F (F, 54 years old); and (c) ordered B to remove concrete on the border of the land at approximately 60 meters long; and (d) he/she ordered B to build a wall by piling up bricks thereon; and (e) let B remove concrete on the stone of the said building site.

Therefore, the defendant laid down concrete on the border stone of the 20m length of the victim, which was created by approximately 60m of the same day, and built a fence by piling up the brick above it.

As a result, the Defendant instigated the above-mentioned B to damage the granite rock, the victim's possession.

2. Defendant B, at the time, at the time, and at the place specified in paragraph (1) above, set up concrete on the boundary of the non-merchantized rock, which was developed in approximately 60 meters of the market value of G land in accordance with the above teachers’ building building building building building building building building building building building building building building building building building a fence.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Protocols concerning the interrogation of suspects by the prosecution against the Defendants (including the replacement of the Defendants);

1. A protocol concerning the examination of suspect against the defendant B;

1. Statement made by the police with H;

1. A complaint;

1. On-site photographs;

1. A certificate of details;

1. Application of Acts and subordinate statutes to investigation reports (attached to a contract for construction of a building that is a defendant's lawsuit);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 366, 31(1) (a) and 366 of the Criminal Act, and the selection of fines

B. Defendant B: Article 366 of the Criminal Act (a point of damage to property) and the choice of fine

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: each of them.

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