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(영문) 춘천지방법원 원주지원 2012.09.26 2012고정435
재물손괴
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 19, 201, the Defendant was urged to remove the said vinyl together with E in a fraudulent manner on the ground that: (a) the victim C prepared a letter of performance to remove the vinyl owned by the victim located in the Gangseo-gun; (b) the Defendant failed to comply with the letter of performance on the ground that the victim C would remove the vinyl owned by the victim located in the Gangseo-gun D.

However, in fact, the victim asserts that he/she was forged in the letter of performance, and the trial was in progress by responding to the lawsuit, such as transfer of land, filed by F, the nominal owner of the above land (Sacheon District Court 2010dan13939). Although the victim said at the site of removal of the said plastic house, the Defendant removed two plastic houses owned by E and E from December 10:0 of the same month to December 17:00 of the same month by cutting two plastic houses owned by the victim using letters, etc., even if the victim said that he/she would not remove even at the site of removal of the said plastic house.

Accordingly, the defendant, in collusion with E, damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Part of the police statement of E;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 366 and 30 of the Criminal Act concerning the choice of punishment;

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

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

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