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(영문) 창원지방법원 2015.08.19 2015고정267
건조물침입등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a subcontractor of the STX Shipbuilding (State) construction work in the Chang Sea-gu STX Line I, which is executed in the STX Line (State) and executed in the STX Construction (State). A is a subcontractor of the JM apartment construction work in the name of F, the telecommunication construction business in the name of G, and the Defendant C is a person who carries on the mutually advantageous construction business in the name of H.

As the STX Construction Co., Ltd., the contractor, was not paid the subcontract price in full due to the default, the Defendants solicited to exercise the real force as a lien in order to receive payment on behalf of the victimized company or new contractor.

1. On July 29, 2014, at around 10:00, the Defendants into a new apartment site managed by the victimized company, such as opening a door to be closed at the new apartment site, and attaching two flick cards to the apartment building being newly constructed between the entrance and the road, where two flick cards are attached to the apartment building being newly constructed, to the effect that the right of retention is exercised.

2. On July 29, 2014, from around 10:00 to September 20, 2014, the Defendants: (a) installed a container stuff between the entrance and the road as above; (b) moved the container stuff to the entrance door around September 20, 2014; and (c) obstructed the construction work of a new contractor, such as leaving the container stuff to the entrance, from September 20, 2014 to December 3, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness K, L and M;

1. Changwon District Court Decision 2014Kahap325

1. Application of statutes governing field photographs, on-site photographs of October 5, 2014

1. The Defendants: Articles 319(1) and 30 of the Criminal Act; Articles 314(1) and 30 of the Criminal Act; Articles 314(1) and 30 of the Criminal Act; the choice of fines for the crimes;

2. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act; and

3. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders.

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