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(영문) 서울북부지방법원 2014.08.14 2013고정2106

폭력행위등처벌에관한법률위반(공동재물손괴등)

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

The Defendants are employees of E Co., Ltd., and the victim F is a contractor who constructs the G-type reconstruction building, a contractor, and exercises the present lien.

On April 26, 2013, at around 07:20, the Defendants conspired and damaged the object that became the object of the victim’s right by shouldering a copy of the market value set up on the second floor of the building where the victim is occupying and exercising the right of retention in the G-Building Building Dongdaemun-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and H;

1. Statement of witness F in the second protocol of the trial;

1. Written decision on provisional disposition (Seoul Northern District Court 2012Kahap966), decision on provisional disposition (Seoul Northern District Court 2013Kahap781);

1. A copy of a certificate (a letter of renunciation of a contract for construction works, a copy of each content certification (a case of notification of termination of a contract for construction works, a case of notification of termination of a contract for joint project implementation), a copy of the consent to exercise of lien and a letter of urging, a copy of the report on change of construction participants, a copy of each construction cost payment and promotion plan, a copy of each joint project implementation contract, a copy of each agreement (Evidence 19

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

1. Relevant Articles 323 and 30 of the Criminal Act and the Defendants who choose the punishment for the crime: Articles 323 and 30 of the Criminal Act;

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act