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(영문) 서울북부지방법원 2017.05.10 2016고정2505
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On October 12, 2015, the Defendants paid the auction price to each other with the knowledge of the work related to auction, and completed the registration of transfer of ownership on November 23, 2015 by winning the forest land located in Pyeongtaek-si D, E, and F under Defendant B’s name. However, on the above forest land, the victim G claimed a lien on container stuff and did not receive the delivery of the said forest land.

The Defendants conspired with their intent to smoothly proceed with the compulsory execution procedure for delivery of the goods at the bid price. The indictment and the written application for the permission for the modification of the indictment of April 14, 2017 stipulate that “the Defendants shall make a public offering to damage the container stuff owned by the victim with the content of the public offering.” However, in light of the overall text, contents and purport of the indictment, it is reasonable to deem that the part damaged the container stuff is not included in the instant indictment, and even if the article in the indictment is deleted, it is not likely to seriously disadvantage the Defendants’ exercise of their right to defense. Therefore, the Defendants’ deletion of the part in the indictment ex officio and recognize the criminal facts as stated in its reasoning.

On April 8, 2016, at the construction site in Pyeongtaek-si H around 12:00, Defendant B will be able to know about the progress situation.

On the other hand, Defendant A, who was installed at the top of the container that was owned by the victim, was on a bridge to prevent CCTV shooting on the part of the victim corporation G, which was installed at the top of the container owned by the victim, and caused the utility of CCTV by putting the wall covered on the CCTV.

Accordingly, the Defendants jointly damaged the property owned by the victim as above.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the CCTV-cape statutes to photographic images;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Article 70 of the Criminal Code to attract a workhouse.

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