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(영문) 창원지방법원 거창지원 2014.12.10 2014고정13
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 22, 2013, at around 20:00, the Defendant destroyed the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Gyeongnam-gun by fasting the victim’s wall (2m in length, 60m in height) located in the market price, which is the victim’s house and boundary of the victim E located adjacent to his house, with hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. On-site photographs (the defendant and his defense counsel asserted to the effect that the crime of causing property damage is not established because the defendant's wall was owned by the defendant in line with the land owned by the defendant as stated in the judgment. According to the defendant's statement (Evidence No. 47 pages) in this court and investigation agency (Evidence No. 47 pages), the defendant can be acknowledged that the above wall was enclosed by hand with the above wall. In light of this, it is difficult to see that the above wall was attached to the land to the extent consistent with the above wall, and therefore, the above wall still was in a state of movable property owned by the victim, and since the defendant's act infringed on the utility of movable property owned by the victim, the act of the defendant in the judgment constitutes a crime of causing property damage without relation to whom the wall was stored on the land owned by him/her. Accordingly, the above argument is rejected).

1. Article 366 of the Criminal Act applicable to the crimes;

1. Selection of fines;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is that the victim E newly constructs the second floor multi-household house in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and as the victim constructed the multi-family house in violation of the Building Act or intrudes upon the boundary of the office of the defendant, the defendant is treated as having filed a civil petition or filed a civil lawsuit by red painting on the land of the victim.

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