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(영문) 창원지방법원 통영지원 2018.05.16 2017고단1549
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of C (State) and the victim D entered into a lease agreement with the second floor of the building owned by the above company on May 14, 2007 with the monthly deposit of KRW 500,000,000,000,000 for a period of two years, and on May 13, 2011, the contract was concluded for extension of the above building up to May 13, 2020 under the above conditions, and the victim F is the wife of the above D, and the victim G is the one with the above F.

Although Defendant 2 sent a certificate of content requiring voluntary removal to Defendant D on March 15, 2016 on the structure of a Class 2 neighborhood living facility (2 floor area of 61.18 square meters on the ground) in light of the lightweight 2, Defendant 2 was willing to compulsorily remove the said structure through a meeting of the C Council on May 24, 2017.

1. On June 13, 2017, the Defendant: (a) around 11:38, at the frequency of E, operated by the victim D at H at a macro-si; (b) in order to make an estimate for the conclusion of a service contract to remove illegal structures of the E frequency, the Defendant, as an employee of the removed company, led the non-party name, who is an employee of the removed company, to go up to the stairs of the second floor of the said frequency.

Accordingly, the defendant has instigated the above-mentioned person to intrude into the victim's building.

2. From around 04:00 on June 22, 2017 to around 13:34 on the same day, the Defendant: (a) employed a false part of the “E frequency” in order to remove illegal extension structures; and (b) caused them to remove it, the Defendant destroyed the pumps and pipes that supply seawater to a water tank for storage of active fish; (c) cut off electricity connected to the air conditioners installed in the main bank, thereby allowing them to load foods being kept in the cooling.

As a result, the Defendant damaged the free trade price such as freezing food, cryp, cryp, and dissolved that the victim D had kept in a cooling cryp.

3. The defendant who damages property shall be set forth in paragraph (2).

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