폭력행위등처벌에관한법률위반(공동재물손괴등)
Defendants are not guilty.
1. Defendant A is the president of the Urban Development Association C (hereinafter “instant association”) and Defendant B is the site director of the construction company who was in charge of removal work at the said project site, and the victim D and E are the members of the instant association.
Defendants jointly enter the facts charged of Pyeongtaek-si F in the facts charged from June 20, 2016 to June 21, 2016 as “I” but appears to be a clerical error;
G and H removed part of a building owned by the victim D from the victim D (335.8 square meters, a cement brick roof roof 335.8 square meters), water 2 Dong (one Dong-story house and one Dong-story 209.4 square meters in a block structure, a roof roof string roof of a block structure, and one Dong-story 23.24 square meters in a toilet) without the consent of the victims and damaged the victims' property.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court, ① the instant association obtained authorization from the Gyeonggi-do branch office on July 14, 201 with respect to the construction and sale of multi-family housing in accordance with the replotting method in Pyeongtaek-si J, and obtained authorization from the Gyeonggi-do branch office on December 17, 2015, and issued a designation and disposition of reserved land for replotting on January 11, 2016 (hereinafter “instant disposition”); ② the instant association obtained the permission on the relocation and removal of the victims’ above buildings and obstacles (hereinafter “instant building, etc.”) from the head of Pyeongtaek-si on May 3, 2016; ③ the Defendants filed an application for the suspension of the execution of the instant disposition with the District Court on April 26, 2016 (hereinafter “instant disposition”). ③ The Defendants filed an application for the revocation of the instant disposition with the District Court on April 26, 2016 (hereinafter “the instant association”).