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(영문) 광주지방법원 2018.05.03 2018고정146
폭력행위등처벌에관한법률위반(공동재물손괴등)등
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Defendant

A shall be punished by a fine of one million won, and by a fine of five hundred thousand won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of C Co., Ltd. (hereinafter referred to as “C”), and Defendant B is the employee of C.

1. On October 22, 2017, Defendant A removed 2 banner points equivalent to KRW 80,000 at the market price owned by the injured party committee on the ground that: (a) around 14:40 on October 22, 2017, Defendant A opposed to the establishment of a victim ready-mixed factory established by the Counterterrorism Commission against the establishment of the victim ready-mixed factory on the side of D-gun D-gun D’s road, thereby impairing its utility.

2. On October 23, 2017, the Defendants removed four banner points equivalent to KRW 160,00,00 at the market price owned by the victim committee and made its utility on the ground that the banner “abstining the establishment of a ready-mixed factory” established by the victim committee on the side of the D-based road located in the Southern-gun-gun, Nam-gun, the victim committee on the ground that the Defendants interfered with the establishment of a ready-mixed factory in C.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to report internal investigation and investigation (verification of the quantity of a damaged banner);

1. Article 366 of the Criminal Act, Article 2 (2) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act (the point of jointly damaging property, the choice of fines): Defendant B: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the same Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, concerning criminal facts

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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