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(영문) 서울중앙지방법원 2016.01.20 2015고정2095

재물손괴교사

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 23, 2013, the Defendant was appointed by the judgment of the Seoul High Court as the head of the Seoul Jung-gu Seoul High Court for the management of the C building, and entered into a service contract for the management of the facilities of the building with the Es&S Korea Co., Ltd., the controlled entity of building facilities.

On July 5, 2013, around the time when the management unit of the above building was not constituted, Kasiethyl Co., Ltd. entered into a contract with an operating committee composed of the representatives of each floor of the above building and a contract for the lease of unmanned equipment for parking facility management to substantially manage the parking facility of the building.

On January 13, 2015, the Defendant sent to the Korean side of S&P Korea a door of cooperation, demanding the removal of the third unmanned vehicle parking management unit of the above building, which is managed by Kasiethyl, on the ground that he/she illegally occupies parking management facilities based on a null and void rental agreement on January 13, 2015.

On January 26, 2015, when D, an employee of D, who is an employee of D, using Nomlusar extraction for removal, etc., caused damage to D, the owner of the above building, the owner of the above unmanned parking lot, which was owned by the owner of the building, damaged the repair cost of KRW 3,657,00,00 of the above unmanned parking lot settlement room (2m, length 1m in length).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement of witness G;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. A copy of the official document for cooperation of the C Management Group, a copy of the building management contract, a copy of the C Management Agency's business registration certificate, a copy of the C Representative Minutes, and a copy of the unmanned equipment lease contract,

1. Application of the Acts and subordinate statutes governing damaged parking photographs;

1. Relevant Article 366 of the Criminal Act, Articles 366 and 31 (1) of the Criminal Act, the selection of fines concerning the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On January 2014, Article 334(1) of the Criminal Procedure Act, the Defendant and his/her defense counsel’s assertion of justifiable acts is subject to the management of C, a representative, etc.