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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On May 2014, the Defendant damaged the container by having the entrance door of the container owned by the victims D at the site at the construction site located in the Gangwon-gun B of Gangwon-do, and by having the melted the entrance door of the container owned by the victims during construction work at the site.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect E by prosecution;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. Article 366 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that it constitutes a “political act” under Article 20 of the Criminal Act or an “emergency evacuation” under Article 22 of the Criminal Act and thus, illegality should be avoided.

However, according to the above evidence, it cannot be deemed that the complainant gave up the ownership of the container explicitly, and the defendant's arbitrary act of using the entrance without the consent of the complainant and the procedure of compulsory disposition through the court is difficult to recognize the reasonableness of the means and method, and it is difficult to see that it was an urgent and inevitable means.

Therefore, the defendant's above assertion is not accepted.