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

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

Punishment of the crime

On December 5, 2015, around 11:00, the Defendant cut the electric wires of the electric measuring instruments installed by the victim under Section C-B-B, where the victim D resides, within the said corridor, and prevented the use of the water measuring instruments installed by the victim from the pipe.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Receipts:

1. On-site photographic images (the defendant and his defense counsel held the electric measuring instrument of this case with the electric wires and water pipes, and thus no crime of destroying property is established.

However, according to the evidence of the court below, the defendant's electric wires are cut as stated in the facts of the crime, and the fact that the use of the electric measuring instruments and the water supply instruments installed by the victim was impaired (the defendant's previous electric measuring instruments and the water supply instruments are removed and installed again at his own expense) is acknowledged. The defendant and the defense counsel asserts that because the victim did not pay electricity and the water use fees, it constitutes a legitimate act because it was a short time or a short time measure in accordance with the rules of the tenant because the victim did not do so.

The defendant has the authority to take a short or short-term measure against him/her, who is a knife or lien.

not only can it be seen but also that such authority had been authorized.

Even if the defendant was able to take legitimate remedies such as civil litigation for the payment of electricity and water supply fee, the defendant's act of impairing the utility of electric measuring instruments and water supply instruments installed by the victim in the same manner as stated in the facts of crime cannot satisfy the requirements for supplementation of legitimate acts and suitability of the means. Therefore, this part of the claim is without merit.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The Criminal Procedure Act for the Costs of Litigation.