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(영문) 의정부지방법원 2016.11.16 2016고단3151

특수재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, together with 30 or more security service personnel, was mobilized by the victim C Co., Ltd. (hereinafter “victim”) to “E” in the main complex building located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, where the right of retention is exercised, and was mobilized to the site by the mobilization contact with the F, G, H, I, J, K, etc. in order.

On August 5, 2015, at around 23:18, the Defendant entered the road in front of the above E (hereinafter “F”) with 30 guard service employees, F, etc., on the line by using a cut machine, etc., which is a dangerous object, by two employees of the removal service in name and influence, to make a space to enter E, using a cut machine, etc., which is a dangerous object, by which two employees of the removal service in name and influence are removed.

Accordingly, L et al., the damaged company's management staff lock the outside entrance, and prevented the entry of the defendant et al., and the defendant jointly with 30 security service personnel, and damaged the outside entrance correction devices surrounding the outside entrance, and entered into the E street.

L et al. continued to enter into the automatic entrance within E street, locking the automatic entrance door, blocking the entry of the defendant et al., and the defendant, by combining with 30 security service personnel, walking the automatic entrance door several times, leaving the automatic entrance door again, leaving the automatic entrance door to the inside of the building, and leaving the automatic entrance into E.

Accordingly, in collusion with 30 or more employees of security service such as I and J, and 2 employees of removal service in name, the Defendant invaded into E, a structure managed by the victimized company by showing collective power or carrying dangerous things, and damaged the automatic text by making it an amount equivalent to 9,039,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. M,K, N,O, G, P, Q, Q, R, S, T, V, X, X,Y, Z, AAB, AC, AD, AE, AE, AF, AH, and AH.