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(영문) 대구지방법원 2016.01.15 2015고정1881
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant

A A shall be punished by a fine of KRW 300,00,000, fine of KRW 200,000, and fine of KRW 500,00.

Reasons

Punishment of the crime

Defendant

B is an executive of F in the sixth floor of the Daegu Jung-gu E building (hereinafter “instant building”), and Defendant C and A are directors of G Co., Ltd. (hereinafter “G”).

On February 10, 2015, the Defendants jointly removed and replaced the elevator emergency call equipment, etc. installed and managed by the representative I of the victim H Co., Ltd. (hereinafter “H”) from the instant building owned by the Daegu-gu, Daegu-gu, by requesting the elevator related persons, etc. to remove and replace the elevator emergency call equipment, etc. installed and managed by the representative I of the victim H Co., Ltd. (hereinafter “H”) at their discretion, and damaged the repair cost of KRW 890,00 in total at the market price.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police to J;

1. Receipts and estimates;

1. Application of Acts and subordinate statutes on the CCTV closure screen;

1. Relevant Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 366 of the Criminal Act (amended by Act No. 1371, Jan. 6, 2016);

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

1. Defendants of the provisional payment order: The portion not guilty under Article 334(1) of the Criminal Procedure Act

1. The Defendants jointly removed, at around 11:00 on February 10, 2015, the 6th floor of the instant building and the lock lock-out door of the machinery room on the rooftop, which the H representative I occupied and managed by the Daegu District Court pursuant to the provisional disposition order (Seoul District Court 2012Kahap 148, hereinafter “the instant provisional disposition order”) such as the suspension of the completion procedure and the prohibition of access to the site, etc. in the instant building located in Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu., the Defendants arbitrarily removed as well the 6th floor of the instant building and infringed on the building.

2. On August 13, 2010, H and G entered into a contract for construction works involving extension, large-scale repair, alteration of the purpose of use of the instant building; and H around July 201, even if most of the above construction works were completed, the construction cost of KRW 1.243 billion is KRW 1.2 billion.

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