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(영문) 청주지방법원 충주지원 2017.02.15 2016고정140
재물손괴등
Text

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

[Presumption Facts] The victim C is a person who has been possessed by exercising the right of retention from the end of June 201 with respect to a medical corporation “F hospital of the E Medical Foundation F hospital,” including Chungcheongbuk-gun D, etc., and the Defendant acquired the ownership by receiving a successful bid of the above building around November 11, 2014.

Even after the successful bid was awarded, the victim continuously asserted the lien and did not transfer the possession of the above building to the defendant, but installed the crime prevention camera, etc. in the above building through a security business entity around October 2014. On March 2015, the victim controlled the defendant's unauthorized entry by installing a cryp, etc. in front of the glass entrance installed in the above building on the front of the glass entrance installed in the above building, and there was a dispute with the defendant.

[2] In order to repair the above glass entrance around June 4, 2015, the Defendant: (a) caused a repairer who is unable to know his name to do so; (b) caused the lock installed on the said iron door to be locked; (c) removed the iron door by force; and (d) caused the Defendant to enter the door.

Accordingly, the defendant damaged the victim's property and infringed on the building which is the building managed by the victim.

[Defendant 1] At the time of this case, the injured party managed the above building

Therefore, even if the defendant entered the above building, the crime of intrusion on the building cannot be established.

However, as seen below, the victim exercised certain influence on the above building inasmuch as at least the victim installed the steel spawn, etc. as seen above, the following:

It is reasonable to see that the victim had installed a container office, etc. in addition to the foregoing iron bars at least at the time of the instant case (Article 21 through 26 of the Investigation Records) and the ② Civil judgment cited by the Defendant is a civil judgment prior to April 14, 201, which had been four years or more from the instant case.

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