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(영문) 대전지방법원 2014.05.23 2014고정294

재물손괴등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 1, 2013, at around 13:00, the Defendant: (a) filed a lien on the instant building on the third floor of the building located in Daejeon Jung-gu, Daejeon (hereinafter “instant building”); (b) filed an application for the right of retention on the third floor of the instant building; and (c) obstructed the members of the Victim AJ Re-building Housing Association from entering the third floor of the instant building by allowing them to enter the third floor of the instant building; and (d) obstructed the utility of the instant building owned by the victim.

2. The Defendant, by asserting the right of retention at the above time and place, intruded into the building 301, which was occupied by the victim, without permission of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness AK and AL;

1. Statement made by the police for each Y, K, and AM;

1. Determination as to the defendant's assertion of each photograph (the investigation records between 30 to 37, the investigation records 493 to 506)

1. Defendant's assertion;

A. In relation to the damage of property, the Defendant, as the lien holder for the instant building, stated the phrase “in the course of exercising the right of retention” in the page, and thus, cannot be deemed to have impaired the utility of the building, and constitutes a justifiable act as a legitimate exercise of the right of retention. 2) At the time, the Defendant did not have any intent to commit the damage of property and did not amount to the extent of undermining the utility of the property, and constitutes a justifiable act.

B. At the time of entering the building, AK reported to the police and entered the building No. 301 with the Defendant, and there was no intention to intrude, and the Defendant’s entry into the building No. 301 as a manager of the building of this case constitutes a justifiable act.

2. Determination

A. As to the damage to property, ① a paint as described in the facts of the crime in the judgment.