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(영문) 인천지방법원 2013.08.23 2011고정4554

폭력행위등처벌에관한법률위반(공동재물손괴등)등

Text

Defendants are innocent.

Reasons

1. Summary of the facts charged

A. From around 13:30 on December 28, 201, Defendants in violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) removed security contact tools, etc. equivalent to KRW 1,200,00 of the market price, which is owned by H&A, a stock company holding the right of retention, in order to take over the above church awarded at auction, and damaged them by removing them in his/her hand, in order to take over the above church awarded at auction.

Accordingly, the Defendants jointly damaged the property owned by the victim.

B. Defendants in violation of the Punishment of Violences, etc. Act (joint residence intrusion) infringed on the above church in such a way as to damage the security facilities of the company given out of the KTcom and forced entrances at the above church managed by the victim H at the time and place set forth in the preceding paragraph, and as his employee, the victim H exercised the right of retention.

Accordingly, the Defendants jointly intruded on a structure.

2. According to the facts charged in the instant case and the evidence submitted by the Prosecutor, the Defendants, around February 28, 201, are recognized as having removed the security facilities and equipment, etc., owned by the company from the KTel, and entered the GG conference.

However, in full view of the following circumstances acknowledged by the record of the instant case, the evidence alone, as stated in the facts charged, is insufficient to acknowledge the fact that the Defendants destroyed the property owned by the Defendant and invaded into the Gridge where the Victim H exercises the right of retention.

① On February 28, 2011, the Defendants rendered a fluorial fluor with regard to the establishment process of the security facilities and the dissolution and removal of the security facilities, and removed the security facilities contact with others.

After that, with respect to the removal of security facilities contact, the corporation has not raised any objection.

(2) A crime of intrusion upon residence shall be de facto peace in the dwelling.