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(영문) 인천지방법원 부천지원 2017.01.19 2016고단1254

특수재물손괴교사등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

Reasons

Punishment of the crime

[Defendant B’s criminal records] On December 23, 2014, Defendant B was sentenced to imprisonment with prison labor for a year and six months in the Incheon District Court on the grounds of a false electronic record, etc., and completed the execution of the sentence on October 14, 2015.

[Criminal facts] The Defendants became aware of the same room in the Incheon detention center.

1. From June 28, 2011, Defendant A received 15% of the claim for construction price of the building E in Seocheon-gu, Seocheon-si from F, and was delegated by F, under the condition that he would receive from F the claim for construction price of the building E, Defendant A occupied part of the fourth floor of the building and exercised the right of retention, while filing a civil lawsuit against the victim G, etc. who is the owner of the fourth floor of the building.

From August 28, 2014, the Defendant was confined to the Incheon Detention House due to the violation of the Legal Act, etc. from around August 28, 2014. On January 20, 2015, the Defendant rendered a judgment to order the victim of the part of 27.80 square meters adjacent to the above building Nos. 404, 405, 406, and 405 among the above buildings. Since the judgment became final and conclusive on June 11, 2015, the Defendant was unable to exercise the right of retention any longer because he/she was deprived of possession and was unable to exercise the right of retention. Nevertheless, the Defendant sent a letter to B released first of November 2015, stating the time, method, on-site map, etc. of the crime.

In order to occupy the 4th floor of the above building, the government ordered the intrusion.

B, on December 31, 2015, the rejection, which is a dangerous object at around 00:20 on December 31, 2015, (hereinafter referred to as “defluence”), was carried, and the lower part of the 4th floor through the underground parking lot of the building was accompanied by the lower part of the entrance gate, and the entrance of the entrance and the entrance into the corridor into the victim’s structure.

In this respect, the defendant carried dangerous things and abetted B to damage others' property and to intrude upon a structure.

2. Defendant B, on December 31, 2015, carried with Defendant A’s order and rejected the rejection, which is a dangerous object (hereinafter “definite”) under A’s instruction, and using the door up to the fourth floor of the building through the underground parking lot of the building.