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(영문) 창원지방법원 마산지원 2019.10.02 2019고정159
재물손괴
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative of Changwon-si Masan-si B building and D Co., Ltd. in subparagraph C, and the victim E is the representative director of the FF Co., Ltd. on March 5, 2018, who purchased large G G G 1917m2m2 (hereinafter “instant real estate”). A.

around 202, the Defendant asserted that the right of retention exists because it was impossible for the owner of the instant land at that time, and around June 1, 2018, the Defendant damaged the property of the victim by destroying locks of the entrance door of the instant real estate installed by the victim and installing locks.

B. Around June 13, 2018, when the victim removed and re- installed the locks exchanged as referred to in the foregoing paragraph (a), the Defendant destroyed the property of the victim by removing them from the instant real estate and installing another lock again.

C. On June 4, 2018, the Defendant destroyed the pents owned by the victim five times in total, as shown in the attached list of crimes, in the instant real estate on June 4, 2018, by inserting the phrase “in the exercise of the right of retention” as soon as possible on the pents owned by the victim, and destroying the pents owned by the victim, as in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of the issuance of tax invoices for paint construction works, related photographs, and the application of Acts and subordinate statutes;

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

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant repeats the crime (it has already been punished for prior acts of the same type), and the progress of related cases, etc.

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