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(영문) 인천지방법원 부천지원 2017.12.15 2017고정947
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. On June 19, 2017, the Defendants, at the construction site of the Ftel reconstruction site managed by the victim E (61 taxes, south) in Seocheon-si, 06:50 on June 19, 201, Defendant A, while performing construction works for Ftel in around 2007, was well aware of the locks equivalent to KRW 8,00, market price at the entrance of the construction site using refratator for the purpose of making it possible for Defendant A to carry with the construction materials, such as steel bars left behind while doing so.

As a result, the Defendants jointly destroyed the property of others and intentionally damaged its utility.

2. The Defendants affected the structure, at the time, time, time, and place indicated in paragraph 1, destroyed the locks by the methods described in paragraph 1, and 10 employees, such as G (41 s and souths) who are employees of the out-of-locked services, and arbitrarily entered the site of the structure managed by the injured.

As a result, the Defendants infringed on the building managed by others without permission.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the investigation report (on-site CCTV verification and analysis);

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 319 (1) of the Criminal Act (the point of joint residence intrusion), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of joint property damage) and the selection of fines, respectively;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include 10 service personnel at the instant site, damage to the structure, and intrusion upon the structure. Although there are unfavorable circumstances, such as the nature of the crime is not good, and not agreed with the victim, the Defendants’ mistake and rebuttals, property damage is minor, and Defendant A was placed at the instant site while the construction site was not paid.

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