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(영문) 울산지방법원 2019.01.15 2018고단2228
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant

A Imprisonment with prison labor for six months and for six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Criminal facts

[2018 Highest 228]: Defendants

1. On June 21, 2018, from around 18:00 to 19:00 on the same day, the Defendants: (a) came to be owned and managed by the victim D in Ulsan-gu, Ulsan-gu; (b) considered that “this house was owned by the mother of Defendant A, but it was disposed of by Dong E without the right; (c) considered that the disposal act is null and void and has the right to live; and (d) entered the building by taking the door door door of the building discovered by the tenant and taking the door door door of the building; and (b) entered the building with the key repair hole, thereby opening the lock door door of the building F. of this case from the door to the 19:00 on the same day.

As a result, the Defendants jointly intruded on the structure managed by the victim, and damaged the entrance locking device owned by the victim to be in excess of KRW 330,000 for repairing costs.

"2018 Highest 3768": Defendant A

2. On July 11, 2018, the Defendant: (a) claimed that the building owned by the victim D in Ulsan-gu, Ulsan-gu, Seoul-gu, was his/her own house; and (b) caused the key repair machine to have the key repair machine remove one electronic painting equivalent to KRW 150,000 in the market value as if the building were one of its own buildings.

3. The Defendant: (a) destroyed the electronic escape of the entrance of the building in the same manner as above at the time and place under paragraph (2); and (b) intruded into the structures managed by the said D, entering the interior stairs of the building.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning D;

1. On-site photographs and photographs of the damaged site;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319 of the Criminal Act, Article 319 of the Criminal Act, Article 319 of the Criminal Act.

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