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(영문) 의정부지방법원 2018.09.13 2017고정18
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is a building contractor who has been awarded a subcontract for construction of a new building located in Gyeonggi-gu D, and the defendant A is a building contractor who has been awarded a subcontract for part of the construction of the building in question from the above B.

1. Defendants in violation of the Punishment of Violences, etc. Act (damage, etc. to common property) jointly cut the locks installed on the said door on December 24, 2016, at the entrance of the entrance of the new building site located in the said D, around 09:00, on the ground that Defendant E exercised the right of retention on the ground that the construction cost was not paid at the construction of the said D new building, and on the ground that Defendant E did not receive any payment, Defendant B was at the entrance of the said entrance door, and Defendant B cut the victim F, the owner of the said new building, to a locked, which had been possessed in advance, and destroyed the locks installed on the said door.

2. Defendants in violation of the Punishment of Violences, etc. Act (joint residence intrusion) cut the locks installed by the victim F as stated in paragraph 1 at the time and place specified in paragraph 1, and opened the gate and jointly intrudes on the structures managed by the victim F.

3. The Defendants: (a) conspired to enter the said building at the date, time, and place specified in paragraph (1); (b) put the banner “in progress of lien” inside the window inside the window; and (c) interfered with the victim F’s business performance by installing a new locks prepared in advance on the said door so that the victim F cannot enter the said door; and (d) interfered with the victim F’s business performance of new building management by force.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of witness F and G;

1. Notice of reasons for non-prosecution, written confirmation of facts, each banner photograph, field photograph, contract conforming to the standards for construction works, certificate of case disposition, summary order, judgment, copy of subcontract;

1. Application of Acts and subordinate statutes to inquiries, such as each criminal history;

1. Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and each of the violence, etc. shall be punished.

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