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(영문) 수원지방법원 2015.07.01 2013고정3574
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2013 High-level 3315] Defendant A is the representative director of the E in charge of the new construction of the D Building in Suwon-si, Suwon-si.

1. On June 25, 2013, at around 16:00, Defendant A: (a) removed a victim F, through a key factory, a number of KRW 140,000, the victim F, who claimed a right of retention, owned by the victim F, claiming a right of retention on the entrance and exit, and a new corrective device was installed, thereby damaging the victim’s property.

2. On July 4, 2013, at around 14:00, Defendant A removed the correction device installed by himself at the place indicated in paragraph 1, and destroyed the number height equivalent to KRW 140,000,000, which is the victim’s ownership again installed.

[2013Gohap3574] The Defendants jointly laid off and removed the strings of banners, which include “in the course of exercising the right to retention of the main building,” installed on the victim F from the outer wall of the D building at around 11:00 on August 17, 2013, and caused them to be effective.

Summary of Evidence

[2013 fixed3315]

1. The defendant A's partial statement

1. The police statement concerning F;

1. Photographs data 1 (number 2,17), photographic data 2 (number 3,18), photographic data 3, and photographic data 4;

1. A construction performance agreement, agreement on new construction of D, additional matters (additional matters in the construction contract), copy of the protocol of examination of suspect (number No. 2013-006095, No. 2010, No. 113-06095, No. A, and F)

1. Defendants’ respective legal statements

1. Statement made by the police of the F;

1. Documents to be submitted to victims;

1. Application of certificates, certificates of fact (G and 18 enterprises), receipts, and Acts and subordinate statutes of the contract for construction execution;

1. The Defendants: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act (Selection of Fine) Defendant A: Article 366 of the Criminal Act (Selection of Fine)

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B to suspend the sentence: Fine of 300,000 won;

1. Defendant A of detention in a workhouse: Articles 70(1) and 69 of the Criminal Act.

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