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(영문) 울산지방법원 2019.10.08 2019고정265
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. The Defendants were the co-offenders of Ulsan-gu C commercial building in order to damage the leased banner on the external wall of the commercial building by setting their own phone numbers, while the conflict between one of the co-owners of the above commercial building and D and the management of the commercial building was occurred.

On October 23, 2018, at least 15:04, the Defendants got ahead of the above shopping mall E-dong outer wall of the shopping mall, and Defendant A got end to make it easy for Defendant A to cut the banner, and Defendant B damaged two banners owned by the victim in a way that the contact point of the banner is well-known by using the bags prepared in advance.

As a result, the Defendants jointly damaged 20,000 won of the market price owned by the victim.

2. Defendant B’s sole criminal conduct, like the above paragraph (1), destroyed the part of contact information of the victim by using two banners with the market value of 40,000 won attached to the pole E-dong column of a commercial building.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness D;

1. The police statement concerning F;

1. The defendants asserts to the effect that, with the knowledge that the management body of commercial buildings installed each banner of this case, part of the illegally installed banner at the end of the table with G is well set up, and that there was no intention to damage property.

However, according to the evidence duly adopted and examined by this court, D voluntarily disbursed expenses for each of the instant placards around 2018 and installed them. In the process of discussing whether the Defendants were possible to remove and install G managers of commercial buildings and placards before they cut the banner, the above banner was not the goods installed in the management body of commercial buildings, but D’s personal installation. Nevertheless, D’s consent.

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