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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is an employee in charge of real estate affairs in C (hereinafter “C”) who was awarded a contract by C for the removal of the building “(Gu) hospital” awarded by C, and E is the president of F, who is the removal company employed by C. The victim G is a person who held a lien on the said building on the ground that he did not receive the payment of the construction cost from the head of the hospital that requested the said construction, even though he was entrusted with the remodeling work of the “(Gu) hospital” located in H in Suwon-gu, Suwon-si, Suwon-si.
1. On February 3, 2017, at around 21:50, the Defendant: (a) installed at the entrance to the Kapets located in the building of the said hospital to exercise the right of retention; (b) “The instant building is among the exercise of the right of retention.”
A banner equivalent to KRW 30,000, which is the victim’s market value, was arbitrarily removed and damaged by impairing its utility.
2. On February 4, 2017, at around 08:00, the Defendant instructed the victim to remove the locking device installed by the victim to E, the president of the removal enterprise employed by the Defendant, who was the president of the removal enterprise, to prevent the entrance of the said hospital for the purpose of exercising the right of retention, thereby causing the damage to E.
At around 08:00 on February 4, 2017, the Defendant had E one chain equivalent to 250,000 won (1m in length) at the market price, which is owned by the injured party in the above hospital’s emotional health established by the injured party in the above hospital, and “this building is one of the rights of retention.”
A large banner amounting to KRW 150,000 on the market price stated as “ was removed at will and caused damage to its utility by doing so.”
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. A protocol concerning the interrogation of suspects of E;
1. photographs attached to the written complaint;
1. A certified source in the lawsuit where the absence of a lien is confirmed, a copy of the progress of the case where the absence of a lien is verified, a copy of the present state of auction, and a photograph before and after the chain is removed.