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(영문) 대구지방법원 2018.11.09 2018고정312

재물손괴

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A The representative of C Co., Ltd. and Defendant B are the representatives of D Co., Ltd. who exercise the right of retention in the Daegu Jung-gu E Building.

1. From around 09:00 on December 21, 2017, Defendant A exercised a lien on the second floor, the third floor, the fourth floor, and the fifth floor of the building in Daegu-gu, Daegu-gu, and the fifth floor after completion of the construction work for the extension and repair of the building in the preceding E, Defendant A, while exercising the right of retention, Defendant A was unable to receive the cost for the extension and repair of the building in the preceding E, Defendant A was accompanied by the closure Kamerra installed by G by the complainant, F representative Director G, etc., and destroyed the electric wires well.

Accordingly, the property amounting to KRW 770,000 was damaged and its utility was impaired.

2. Defendant B, at around 09:25 on December 21, 2017, at the first floor of the E building, the foregoing location, Defendant B, for the foregoing reason, exercised the right of retention with Defendant A, who is the birthee, on the first floor of the underground floor, and, on the ground that the said complainant, the said complainant installed an electronic painting directly on the door that he was unable to enter others, and installed another electronic painting on the part of the complainant, on the ground that he was installed by the said complainant, by removing the electronic painting installed by the said complainant, and by installing another electronic painting installed at the part of the complainant.

As a result, the property amounting to 120,000 won was damaged and the utility was impaired.

Summary of Evidence

1. Defendant A’s legal statement

1. Witness of H;

1. Statement made by the police with H;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 366 of the Criminal Act and the choice of punishment for the crime (the Defendants)

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Code or more of the Criminal Code.