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(영문) 청주지방법원 2014.06.26 2014고정443
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

Defendants shall be punished by a fine of KRW 2,500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a person who owned the land of Heak-gu Seoul, Chungcheongnam-gu, and the defendant B is a defendant's fraud.

Defendant

around July 2013, A received rent of KRW 3.6 million from the victim D and entered into a contract for the lease of the land to the victim from July 1, 2013 to July 31, 2014. The victim installed a vinyl and container stuff on the said land and operated a restaurant.

Defendant

A around September 11, 2013, on which the victim leased the above land, sold the above land to E company. The victim failed to remove the restaurant, making it difficult for E company to perform construction works. Accordingly, in collusion with Defendant B, who was notified by E company of the final resolution to resolve the cafeteria problem, the victim would arbitrarily remove the cafeteria of the victim.

On January 12, 2014, around 10:10, the Defendants ordered Defendant B to remove the container stuff and vinyl owned by the victim on the said land. Defendant B removed the plastic house through the removal company, moved the container stuff into the place where the Defendant owned the land, and then damaged the container stuff (including the floor straw, glass hold) and the plastic house to the extent that the sum of 12,941,100 won was damaged by the repair cost.

Accordingly, the Defendants jointly damaged the property owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police statement concerning D;

1. Written estimate for damage (No. 23 No. 5 of the evidence list);

1. Application of on-site photographs and additional on-site photographs statutes;

1. The Defendants: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 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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