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(영문) 부산지방법원 2018.08.14 2017고정1447
재물손괴
Text

Defendant

A shall be punished by a fine of 300,000 won, and by a fine of 500,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

On May 29, 2017, A was sentenced to two years of suspension of execution on September 8, 2017 by the Busan District Court for interference with business affairs, etc., and the judgment became final and conclusive on September 8, 2017.

Defendant

A is a person in charge of the management of the above commercial building, who holds approximately 70% of the shares of approximately 70% of the D commercial building in Busan Dong-gu, and Defendant B is a person in charge of the management of the above commercial building as a regular business of the above company.

The Defendants conspired to damage the locks installed in part of the above commercial building and prevent the damaged party from using the above building, and Defendant A, subject to the direction of Defendant B, who was ordered by the victim F, who was in dispute as a matter of the right of lease.

1. Closed up on November 15, 2016, by excluding one locks of a victim who has set locking devices in the electric power distribution room, joint storage, etc. at the second floor of the above commercial building on the second floor, and then damages them;

2. Closed the locked installed by the victim on the second floor of the above commercial building on November 7, 2016, damage them by removing the locks installed by the victim, and damage them;

3. On November 21, 2016, around the second floor healthcare room of the shopping mall, the damaged person removed the door door installed at the end of the passage of the second floor and damaged it by means of cutting the door door outside the first floor, which is set up inside the entrance.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness F;

1. On-site photographs and estimates;

1. Previous convictions: Inquiry into criminal records and investigation records, inquiry into case summary information, and application of each statute of a judgment;

1. The Defendants: Articles 366 and 30 of the Criminal Act; and Articles 366 and 30 (Selection of Penalty) of the same Act;

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act.

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