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(영문) 부산지방법원 2015.08.12 2015고정1843

폭력행위등처벌에관한법률위반(공동재물손괴등)등

Text

1. Defendant A shall be punished by a fine of KRW 1.5 million, Defendant B, C, and D, respectively, by a fine of KRW 500,000.

2. The defendants are above.

Reasons

Punishment of the crime

Defendant

A is the head of G Operational Headquarters of Company G, the head of the operation and management team of the above G, the head of the defendant C, the employee of the above G Operation Management Team, the defendant D's employee of the above G Operation Management Team, and the H's employee of the corporation in charge of the above G's execution.

While the Defendants promoted the business to change the above G to the toy museum, the Defendants conspired to obstruct the business by destroying the facilities of the above J convenience store that continued without responding to the eviction by the victim I on the first floor of the above commercial building.

1. On August 5, 2014, at around 16:30 on the part of the Defendants who interfered with their duties, entered the J convenience point where the victim L, who is an employee of the 1st floor of the Busan District Office, was working for the Busan District Office, and Defendant B, Defendant C, and Defendant D instructed Defendant B, Defendant D to “ soon open”, Defendant B, Defendant D, and Defendant C opened the tables in that place, and Defendant A continuously removed the tables in that place, and Defendant D removed the tables in that place with a brue brue, and Defendant D prevented electricity, and Defendant C removed a brue with a brue due to a brue.

As a result, the Defendants conspired to act to interfere with the convenience store operation of the victim by force.

2. Defendants in violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) jointly damaged the property equivalent to the sum of KRW 4,448,600 in the facilities, goods, etc. owned by the victim I in the same manner and place as the above paragraph 1 above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of M or L;

1. Investigation report (Submission of a complainant - Attachment of a receipt for damaged goods), investigation report (Attachment of CCTV in the case field);

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Relevant provisions of the Criminal Act and Articles 314(1) and 30 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and the choice of fines, respectively.