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(영문) 서울중앙지방법원 2014.02.19 2013고정6417

폭력행위등처벌에관한법률위반(공동재물손괴등)등

Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a representative director of corporation D, which is established for the purpose of importing and selling famous items, and Defendant B is a person who leases a building located in Jongno-gu Seoul Metropolitan Government E and operates the headquarters for Category D.

On July 1, 2011, the Defendants entered into a contract for the Human Rights Construction Contract with the victim F and the Seoul Jongno-gu Seoul E building to the inside and outside of the building to reach the progress rate of up to 80%. However, the Defendants failed to pay the construction price to the victim and the said victim was under the exercise of the lien on the said building.

1. From February 11, 2012, Defendants violated the Punishment of Violences, etc. Act (joint residence intrusion) jointly intruded on the building against the victim’s will with a view to preventing the victim’s right of retention from exercising the right of retention in the above building, which was occupied by the victim F in order to exercise the right of retention due to the Plaintiff’s failure to receive the construction cost, on February 7, 2012.

2. The Defendants jointly destroyed and damaged the entrance and exit door installed by the victim in the building in order to exercise the right of retention at the time and place under the above paragraph (1) by jointly removing the entrance and exit door installed by the victim in the building and the method of removing the lien banner.

3. Obstruction Defendants conspired and interfered with the exercise of the right of retention by preventing the victim from exercising the right of retention by impairing the building at the time, time, and place set forth in paragraph (1) above, thereby impairing its utility by removing the entrance, correction device, and lien banner from it, and by impairing the possession.

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of the law to the statement statement made by the police officer in F;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (joint residence intrusion) and Article 2(2) of the Punishment of Violences, etc. Act.