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(영문) 수원지방법원 평택지원 2017.09.21 2017고단805

폭력행위등처벌에관한법률위반(공동재물손괴등)등

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The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

1. Defendant A of the facts charged in this case is the president of the Urban Development Project Association, Defendant B is the managing director of the construction company in charge of removal work at the project site. Defendant C Urban Development Project Association is a corporation that implements an urban development project of Pyeongtaek-si D, and the victim E and F are members of the said Association.

A. On August 9, 2016, Defendants A and B jointly destroyed the victims’ property by jointly removing one Dong (335.8 square meters in cement brick gate roof) of the building owned by the victim E in Pyeongtaek-si G, H, and I, water owned by the victim F, 2 Dong (2 Dong (209.4 square meters in a block set roof one story, one roof roof of a block set, one roof roof of a warehouse, and 23.24 square meters in a toilet) from the victim’s perspective without the consent of the victims.

(b) Where a defendant A's implementer designates a reserved land for replotting, he/she may remove or remove buildings, obstacles, etc. in an urban development zone, and in such cases, he/she shall obtain permission from the competent authority, and shall not violate any disposition, such as the suspension of construction, if he/she has removed or removed obstacles without obtaining such permission;

On July 14, 2016, the Defendant, despite being notified of the “Suspension of Removal of Infrastructure and Buildings for the C Urban Development Project” by the Pyeongtaek-si Office, on or around August 9, 2016, violated the competent authority’s disposition of suspending the removal of buildings by continuing the removal of buildings, such as those described in the preceding port, around Pyeongtaek-si G, H, and I.

(c)

Defendant

C The Defendant, the representative of the Defendant, committed a violation as described in paragraph 2 in relation to the Defendant’s business at the time and place described in paragraph 2.

2. Determination

(a) Article 38 (Relocation and Removal of Obstacles, etc.) (1) Any implementer shall designate reserved land for replotting pursuant to Article 35 (1) or previous land pursuant to Article 37 (1).