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(영문) 서울동부지방법원 2016.11.29 2016고정1618

재물손괴등

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

The defendant is the representative of the defendant B, and the victim C is the president of the D Rebuilding Project Association.

On May 19, 2016, the enforcement officer of the Seoul East Eastern District Court enforced the delivery of real estate against the defendant who asserts the right of retention at the time of Gangdong-gu Seoul E Apartment 801 Dong 703, Gangdong-gu, Seoul.

1. Around 15:00 on May 19, 2016, the Defendant: (a) caused the destruction of and damage to property by attaching the entrance and exit door to the building in the process of compulsory opening of the entrance and exit door of the building at the above location with dissatisfactions in the delivery of real estate.

Accordingly, the defendant damaged the entrances equivalent to 650,000 won of the market price and 230,000 won of the market price.

2. The Defendant, having been dissatisfied with the above date, at the above time, was forced to leave the entrance and exit door of the building by using drick and dricking, and entered the building owned by the victim.

Accordingly, the defendant invadeds on the building managed by the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to written rulings, written rulings, records of execution of delivery of real estate, photographs, photographs of each damaged article, receipts, and written estimates;

1. Relevant Article 366 of the Criminal Act and Article 319 (1) of the Criminal Act (the point of causing damage to property and the choice of fines) to commit a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant asserts that his act constitutes a self-help act under Article 23 of the Criminal Procedure Act, since his act was conducted to correct illegal enforcement as a legitimate right holder.

The words "self-help act" in criminal law means the impossibility or significant difficulty of the execution of the claim when it is impossible to preserve the claim by the legal procedure.