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(영문) 인천지방법원 부천지원 2014.10.22 2014고정1092
폭력행위등처벌에관한법률위반(공동재물손괴등)등
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Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint residence intrusion) jointly carried out a toilet door, which was not corrected by the crypian, without the victim’s prior consent, on April 29, 2014, on the ground that the victim E claims the right of possession of the building and refuses to withdraw from the detached house D located in Kimpo-si, Kimpo-si on April 29, 2014.

2. Defendants in violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) jointly destroyed property owned by victims E in estimate by destroying soundproof facilities installed at two windows per unit of the right to demand the sale of the said building at the same time and at the same place as that provided in the preceding paragraph, and by destroying the parts of the body installed on the wall by breaking up the strings by using the sturging materials.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement of E;

1. Application of the Acts and subordinate statutes to the removed internal photographs of the issuer of the deposit, two soundproof facilities per deposit before the removal, and the other Acts and subordinate statutes to the remaining photographs of the deposited objects to be removed on the top of the deposit;

1. Relevant Article of the Act on the Punishment of Violences, etc., and the Defendants’ Selection of Punishment: Paragraphs (2) and (1) 1 of the same Article of the Criminal Act, Article 319 (1) of the Criminal Act (the point of joint residence intrusion), Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and the selection of fines, respectively;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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