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(영문) 수원지방법원 안산지원 2015.12.01 2014고정1164
재물손괴
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation E, Defendant B is the head of the above corporation, and the victim F is a person who subcontracted the H new construction work contracted by the above company from G and performed construction work.

On July 19, 2013, around 13:30 on July 19, 2013, Defendants conspired to use a new construction project site located in Yancheon-gun, Gyeongcheon-do, and destroyed the victim's farm house (gate) 9 Dong, 10 Dong, 11 Dong, and 12 Dong 12.

Accordingly, the defendants damaged the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness F, G and J;

1. The Defendants’ written statements in each police interrogation protocol

1. Each police statement to F and K (No. 27,28,29)

1. An investigation report (a summary of the statement of the F video recording investigation by the complainant), investigation report (a summary of the statement of the E account analysis), investigation report (a hearing of the statement of the witness), investigation report (a copy of the passbook), copy of the passbook (E), fact confirmation (M), construction contract (F, L), copy of the register of the building owner, certificate of completion of report on change of the name of the owner (N, etc.), written consent to use of superficies and certificate of seal impression, etc., investigation report (a summary of the F video recording investigation statement by the suspect A and the complainant), complaint, additional statement, investigation report (Attachment of the victim's field photo), investigation report (Attachment of the statement of damage) and the defendants' act constituted a justifiable act. However, although the defendants' act had first acquired the farm house stated in the facts charged and signed the agreement with the defendant AF on October 5, 201, it is difficult to view that the above agreement was invalid at the time the construction contract was signed and executed, and it is difficult to view that the above agreement was signed and made.

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