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(영문) 의정부지방법원 2014.09.18 2014고정228
폭력행위등처벌에관한법률위반(공동재물손괴등)등
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Defendants shall be punished by a fine of KRW 800,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The victim reputation development corporation is the owner of the I building A, Nos. 201, 202, 301, 302, 401, 402 and 101 of the I building B, and the victim K is the owner of the I building B, 301.

1. From around 12:00 on September 19, 2013, the Defendants jointly destroyed 7 and 7 locks and 54,800 won of the market price owned by the Victim’s Fame Development Co., Ltd., and one lock and 1 lock, respectively, to jointly remove the entrance gate miscellaneous and locks of each unit of the above I building A and B in order to exercise the right of retention for securing their claim for the construction cost, and to replace them with others.

2. Defendants in violation of the Punishment of Violences, etc. Act (joint residence intrusion) jointly put the key in the replaced locks prior to the entrance of the sales office of the victim reputation development company set forth in subparagraph 101 of the above I building B at the time set forth in the above paragraph (1), and invaded the entrance door by entering the room in which the victim occupied.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness M;

1. Statement of the police concerning L;

1. A copy of a certificate of the whole registered matters and a receipt for replacement of keys;

1. Investigation report (as to the statement of a shote), investigation report (as to the site status), and investigation report (as to the site status)

1. Application of statutes on site photographs;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc., Articles 366 and 34 (1) of the Criminal Act (the point of causing destruction and damage to common property), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (the point of entering common residence), the selection of fines for each crime;

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

1. Article 70 of the Criminal Code for the Detention in Labor House.

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