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(영문) 수원지방법원 성남지원 2019.07.10 2018고정1261
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around July 1, 201, the Defendant entered into a lease agreement with the victim B and the defendant in his/her own multi-family house D as a deposit of KRW 130 million. The victim occupied the above D from the defendant according to the above contract.

Nevertheless, the Defendant, on the ground that the victim was performing a defective construction work at a certain place, destroyed a digital key in the market price, which was installed at the entrance of the above sub-paragraph (D) from June 14, 2018 to June 20:20, 2018. On June 15, 2018, the Defendant opened 11:24 on June 21, 2018, and destroyed the toilets of the above sub-paragraph (D) by opening 1, and destroying it on June 22, 2018.

In this respect, the defendant damaged his own property which was the object of the victim's possession three times and obstructed the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Damage photographs of the site;

1. Damage photographs;

1. A copy of the real estate lease agreement [the defendant and his defense counsel asserts that the possession of the victim is not a lawful possession of the rightful title, but according to the evidence duly adopted and investigated by this court, the decision D can sufficiently recognize that the victim was provided for the "security" of the construction cost for the victim, and the payment of promissory notes should be deemed to have been made "influence of the payment of the construction cost," and it is apparent that the above subparagraph D constitutes the object of obstruction of a right. The above argument by the defendant and his defense counsel is without merit]. The application of

1. Article 323 of the Criminal Act and Article 323 of the same Act concerning the applicable criminal facts and 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. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act is the primary crime of suspended sentence, and the victim is the defendant.

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