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(영문) 서울북부지방법원 2017.05.18 2014고단3287
재물손괴등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A around April 2012, a house located in the Franc-gu Seoul, Jung-gu and its site (hereinafter referred to as “instant house”).

Defendant B purchased the instant housing construction through G that received the supply of the instant housing construction from the said Party A, and Defendant B was in charge of the interior interior decoration construction of the instant housing, etc. from March 1, 2013 to the same year.

4. Until December 27, 200, construction work amounting to KRW 129,00,000 was carried out.

Nevertheless, Defendant B was unable to receive the payment of the above construction cost from G, and since July 29, 2013, Defendant B occupied the instant housing for the purpose of exercising the right of retention.

1. On March 30, 2014, around 09:00, Defendant A removed the locks and security devices installed by the victim B, and continued to enter the said structure together with the aforementioned persons, by removing the banner from the locked and the two keys, from which his name cannot be known.

Accordingly, the Defendant destroyed and damaged the locks, security devices, and placards owned by the victim, and intruded into the instant house, which is the building managed by the injured party, together with the above names and Buddhist boxes, and entered the instant house, which was the object of the victim’s right, thereby interfering with the victim’s exercise of rights by taking the instant house, which was the object of the right of retention.

2. The Defendant B and the Defendant’s wife around 00:40 on April 2, 2014, around 00:40, around the instant house, in order to find out the possession of the instant house between the Defendant and the Defendant’s wife, as seen above, the victim was deprived of the instant house, thereby putting the instant house into a crepan of the first floor glass, thereby destroying the victim’s above glass door and continuing to enter the said building.

Accordingly, the Defendant damaged the above glass door owned by the victim, and invaded upon the above structure managed by the victim jointly with H.

Summary of Evidence

1. Defendant A’s legal statement (the fifth trial date) 1.

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