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Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On November 15, 2012, the Defendant: (a) the victim E (the 44 years old) of the first floor of the DD building in Seongbuk-gu Seoul, Seoul, was unable to receive the construction cost; (b) applied for a lien on a building; and (c) the part of the building was awarded a lien on the wall under Articles 5404 and 5405 of the first floor; (d) the victim should not interfere with the lien in order to continue to exercise the lien on the wall under Articles 5404 and 5405 of the underground floor; and (e) removed the banner, without due authority, without any reasonable authority, to remove it.
On April 2013, the Defendant, at the same place as of April 2013 and at the time in which the victim had again affixed a banner and a public notice to the same effect, removed and damaged it.
At around 17:00 on May 31, 2013, the Defendant continued to attach a new notice to the same place and damaged the defective victim’s public notice, which was cited by the victim as his/her hand, by cutting off the door of public notice.
2. On May 31, 2013, at around 17:00, the Defendant assaulted the victim’s clothes one time to walk when the victim wants to affix a new notice at a place specified in paragraph (1) and became vagabonds.
Summary of Evidence
1. Statements made by witnesses E in the fourth trial records;
1. Statements made by witnesses G in the fifth trial records;
1. A protocol of partial police interrogation of the accused;
1. A complaint and related documents;
1. A copy of the receipt of report on the exercise of lien;
1. A copy of the decision on construction cost and a certified copy thereof;
1. Application of Acts and subordinate statutes governing evidence photographs;
1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the selection of each fine for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.