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(영문) 부산지방법원 2018.03.29 2017고단5729
특수재물손괴
Text

Defendant

A shall be punished by imprisonment for one year, and by imprisonment for eight months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a field director of G, a corporation established for the purpose of housing construction business, etc., and the person in charge of the construction site of H apartment in Busan-gu, Busan-gu, and Defendant B is a civil engineering director belonging to the above company, who manages and supervises the above construction site.

On May 22, 2017, Defendants came to know of the fact that part of the road site to be donated to the competent authority in order to obtain completion from the construction site of the above apartment, which was planned to be donated, part of the building site owned by the injured party J (gate and outer wall, etc.) in Busan-gu, Busan-gu, had been involved in negotiations on the removal of the building site in violation of the above road site with the injured party and the compensation therefor, but did not take any significance. On June 22, 2017, Defendants attempted again with the injured party to negotiate with the order to complete the road construction before the completion of scheduled construction work, but agreed to remove part of the building site by using construction machinery such as the excavated machine without the injured party’s consent.

According to the above plan, on June 23, 2017, the Defendants excavated the articles of excavation and attached the gate of the above victim's building, and attached the outer wall, etc. to the watcher.

As a result, the Defendants conspired to inflict damage on the victim's property by using dangerous objects.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to a complaint and a copy of an additional complaint;

1. Relevant provisions of the Act and Articles 369 (1), 366, and 30 of the Criminal Act concerning the facts constituting an offense (or choice of imprisonment);

1. Suspension of execution: Defendant A [the scope of recommendations] of the grounds for sentencing under Article 62(1) of the Criminal Act; Defendant B [the scope of recommendations] of the case where Defendant A led or led a criminal act (one year to two years) of the aggravation area (one year to two years) of the aggravation area (a repeated crime, repeated crime, special damage, etc.).

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