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(영문) 창원지방법원 거창지원 2016.01.20 2015고정104
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants, as construction business operators who performed the new construction work of the Gyeongcheon-gun apartment C (hereinafter referred to as the “C apartment”) were unable to receive the payment of the construction cost, planned to do so at the entrance of the above apartment, and to install the counter-locked and lock.

1. On May 2015, the Defendants jointly committed the following crimes: (a) around May 2015, the Defendants jointly 101 and 103 of C Apartments owned by the Victim D and C Apartments owned by the Victim E, 304 and 402 of C Apartments owned by the Victim E, which were “in the course of exercising the right of retention” at the entrance above the entrance above the victim E, thereby impairing the utility of the entrance of KRW 3,000,000 in total (750,000 per entry).

2. On August 25, 2015, the Defendants jointly and jointly committed the crime, which affected the victim’s entrance to repair costs so that the market price cannot be determined by installing two lockeds and two locks by drilling the entrance door and the wall surface to prevent the victim from entering any third person in front of C Apartment 103, owned by the victim D.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or E;

1. Each investigation report (an investigation into attachment of evidence, etc., such as relevant defense rooms, by each complainants, and an estimate of damage);

1. A damaged photograph;

1. Application of the civil judgment text

1. Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 366 of the Criminal Act concerning criminal facts

1. Selection of each fine;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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