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(영문) 수원지방법원 안산지원 2014.02.20 2013고정2324

폭력행위등처벌에관한법률위반(공동재물손괴등)

Text

Defendants shall be punished by a fine of KRW 1,000,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

The Defendants were willing to cut the telecommunication cables installed in the Victim (State)C managed by E while working as a D employee, who did not resolve the negotiations with C due to wage issues, etc. while working as a C employee, and cut off the telecommunication cables installed in C.

1. On September 2, 2013, around 04:41, at the entrance of the F apartment at Sinung City, the Defendants were installed in the vicinity of the electric poles where Defendant A had the communications cable lines of the victim inside the bridge loaded on the vehicle, and Defendant B reported the network, Defendant A attempted to cut the above telecommunications cable line on his hand, but did not commit a crime against the surrounding persons, and did not commit an attempted crime.

As a result, the Defendants jointly tried to damage the victim's property, but did not commit any attempted crime.

2. On September 2, 2013, around 04:54, the Defendants: (a) installed a bridge in the vicinity of the electric poles where the victim’s communications cable lines are installed, such as paragraph (1); and (b) Defendant B reported the network; and (c) Defendant A cut the instant telecommunications cable line by hand on the bridge.

Accordingly, the defendants jointly damaged the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants (Evidence Record 261 pages)

1. Statement to E by the police;

1. A report on the interference with the transmission network;

1. CCTV photographs recorded on the surface of a crime, and CCTV photographs at the time of additional crimes;

1. Response to an application for inquiry of each CCTV image data, and a written request for cooperation in investigation affairs;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 6 pages, 13 pages, 44 pages, 78 pages, 84 pages);

1. Relevant Article 6 of the Punishment of Violences, etc. Act, and the Defendants’ choice of punishment: Articles 6, 2(2) and 2(1)1 of the same Act, Article 366 of the Criminal Act, and punishment of violence, etc.