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(영문) 수원지방법원 성남지원 2017.09.07 2017고정686
재물손괴
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the owner of a multi-household housing building located in Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu, and the victim H (46) is the tenant who resides in the above building 102.

On November 28, 2016, around 22:30 of the above building 102, the Defendant, in front of the 102 entrance of the above building, brought the victim to walk at the seat of a 30,000 won or more of the market price installed to prevent exposure to private life, and brought them to the house and brought them to the house to their utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Evidence photographs (the defendant and his defense counsel removed the CCTVs installed at the entrance of the building for the purpose of preventing the crime, so this constitutes a justifiable act as provided in Article 20 of the Criminal Act.

However, in full view of the following circumstances based on the evidence acknowledged earlier, the removal of the Defendant’s arbitrarily sturging does not constitute a justifiable act because it does not meet the requirements of legitimacy of the purpose, reasonableness of the means, balance of the interests of protection and infringement, urgency, and supplement.

The Defendant installed CCTV at a location where the victim's door-to-doors were unsatisfed due to the conflict between the victim and the car payment problem, etc.

CCTV installed by the defendant mainly focuses on the entrance of the victim, and if the victim and his family have access to the victim, the victim has been exposed as it is.

After removing the date and time of the instant crime, the Defendant left with his house, and refused to return the pressing to the police officer dispatched upon receiving a report from the victim.)

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;

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