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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 the head of the building company called “B”, and the said building company constructed the “D Hospital” building located in “D Hospital” in “B” at the time of Gyeonggi interest, but did not receive construction payment from “DD” E”, and from November 2014, the said hospital was in dispute with the owner of the building by exercising the lien, and the victim F was delegated the management of the said hospital building by E from the owner of the building.
1. On July 21, 2015, from around 11:00 to around 22:30 of the same day, the Defendant destroyed the automatic entrance correction device to ensure that the 50,000 won of the repair cost does not normally operate the entrance door at the key hole of the 1st floor automatic entrance, on the premise that the instant “D Hospital” as a matter of the exercise of lien would make it difficult for the victim F who manages the said “D Hospital” as a matter of the exercise of lien from around July 21, 2015 to the said “D Hospital” to manage the building of the victim.
2. On July 24, 2015, from around 22:00 to around 10:00 of the following day, the Defendant damaged the outer wall of the above hospital’s building, so that, as a matter of exercising the right of retention, from around July 24, 2015, the Defendant destroyed the outer wall of the above hospital’s building, “in the course of exercising the right of retention by using a red car at the entrance of the above hospital, the outer wall, the pole, the entrance of the first floor and its surrounding areas, the entrance of the vehicle, etc., managed by the victim and the person who caused the dispute, and KRW 1,00,000 of cleaning fees.”
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Partial statement of witness G;
1. Each statement of the F;
1. Application of Acts and subordinate statutes, such as photographs, etc. (nine pages of evidence), on the spot, and damaged photographs (16 pages of evidence);
1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The Criminal Procedure Act for the Costs of Litigation.