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(영문) 광주지방법원 순천지원 2014.04.25 2013고단2658
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) is the representative of the stock company B, which is a human tester;

around April 4, 2012, the Defendant subcontracted F hotel entertainment work from C Co., Ltd. (Substantial Operators D) to F hotel rooming work in E at the net time, and from May 4, 2012, the Defendant received a subcontract for the same year.

6. Although construction has been completed by the end of the month, it was not paid KRW 180 million out of the total construction cost of KRW 320 million by C Co., Ltd.

However, the above D had been exercising the right of retention in possession of VIP guest rooms on the 18th floor of the above hotel on the ground that it had not been paid the construction cost from the F hotel, and the Defendant demanded D to pay the balance of the construction cost to D around October 2013, but it was defective that D could not be paid the construction cost from the F hotel side, and the Defendant had tried to jointly exercise the right of retention by entering the above guest room possessed by D.

On October 18, 2013, the Defendant knew that D had occupied the above VIP guest room door, and thought D would be accompanied with a locking device and enter the said guest room. On October 14:30, 2013, the Defendant rejected dangerous articles possessed by his/her own vehicle, which were in danger of accompanying the said VIP guest room, and caused the milching device to be attached to the locking device and the entrance door cresh installed at the above VIP guest room, and then dismissed the glass of VIP guest room room room room.

As a result, the defendant, with the rejection of dangerous goods, destroyed the locker and steel entrance door owned by the victim F hotel to repair cost of KRW 850,000,000, and damaged the glass window owned by the victim to repair cost of KRW 90,000.

2. The Defendant injured the Defendant by negligence, at the same time and place as the preceding paragraph, and at the same time and place, the victim G (25 years of age) who was the said VIP guest room had attempted to prevent the Defendant from acting in the vicinity of the guest room. Therefore, the Defendant’s entrance is favorable.

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