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(영문) 춘천지방법원 강릉지원 2017.01.10 2016고정123
재물손괴교사
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the management support team for the D Co., Ltd. and is the person in charge of the development project of the D Co., Ltd., and the defendant B is the head of the construction site under the F Co., Ltd. of the F Co., Ltd. of the F Co., Ltd. of D, and the victim G is the representative of H, who is the representative of the bond group against D, who is the representative of the above development project site, and is under the lawsuit of D and lien.

1. On November 12, 2015, Defendant A heard the horses from D office located in N located in Gangnam-si M, which read, “the construction work is delayed because the vehicle should return to another way due to the steel structure for which the injured party has installed to exercise the right of retention,” and Defendant A instructed the said B to remove the structure owned by the injured party and enter the construction site, and ordered B to remove the structure owned by the injured party.

Thus, the defendant had B remove iron fences, pipes and their nets from the market price of 600,000 won, which is the victim's ownership, through employees in Gangnam-si I, 08:10 on the same day.

Accordingly, the defendant instigated B to damage the property owned by the victim.

2. Defendant B destroyed the victim’s property by removing the structure equivalent to KRW 600,000 at the market price owned by the victim by the above means according to the teachers at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement of the police statement related to G;

1. On-site photographs and copies of receipts;

1. Each written decision (Seung Branch Branch 2015 Kax 30, 2015 Kax 27) (the defense counsel of the Defendants asserts that the Defendants’ act constitutes a justifiable act under Article 20 of the Criminal Act.

In other words, the victim who has claimed the right of retention while occupying the land of the I of Gangnam-si, which appears by the evidence, etc.

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