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(영문) 의정부지방법원 2013.06.21 2013노97 (1)
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the circumstance that the Defendant, in collaboration with B, arbitrarily entered the instant factory building into the building owned by the victim, and the Defendant asserted that the boiler installed in the said dormitory building was one of his own, the Defendant destroyed the said boiler along with B by separating the said boiler from water supply and heating pipes, and arbitrarily demolishing the parts, but on different premise, the lower court acquitted the Defendant of the violation of the Punishment of Violences, etc. Act (joint water destruction and damage) and the Punishment of Violences, etc. (joint residential chips) (joint residential chips) among the facts charged in the instant case against the Defendant.

B. Since part of the above company's dormitory building was constructed on another's land, E was not awarded a successful bid, the boiler is still owned by the defendant, and the defendant has access to his own machinery and office in the factory of this case, and the defendant has legitimate right to his own property, and the judgment of the court below which found the defendant guilty of all the charges of this case on different premise is erroneous.

2. Judgment on the prosecutor's grounds for appeal

A. Summary of the facts charged 1) The victim E is in violation of the Punishment of Violences, etc. Act (joint residence intrusion) on June 27, 2007, by the decision of sale due to the voluntary auction conducted by the High Government District Court of Jungju, which was owned by the defendant on June 27, 2007, the land and its ground factory buildings (hereinafter “instant factory”).

After acquiring the ownership of B, around January 31, 2008, the above factory site and building were leased from the Defendant from around May 2006 to F and the new lease contract was concluded with F and F. Around April 2008, the F continued to operate the above factory, and the F and F removed the above factory site and building from the above factory site and building.

r. r.

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