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(영문) 서울중앙지방법원 2014.04.30 2013고정3168
재물손괴
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd., a specialized removal company, and E is the chief director of the above company, who is the general manager of the removal sector in charge of the above company among the construction sections of high-speed rail in the Seoul Metropolitan area

On October 8, 2012, the Defendant and E concluded a contract with the Copi global corporation, which is the Seoul metropolitan high-speed rail construction works, for the construction of the 1-1 construction section for high-speed rail water section 1-1 construction works, and concluded a contract for the removal construction works. While the removal works are being carried out, the victim F demanded the payment of additional compensation for the expiration of the construction period, and forced removal of the construction schedule due to the failure to move.

On February 17, 2013, from around 07:00 to around 10:30 on the same day, the Defendant and E were removed from the insect breeding ground located in H in the same Gu as Gangnam-gu Seoul Metropolitan Government G, by mobilization of two plastic houses owned by the victim on the above ground, which are the victim on the above ground, by cutting off two work logs, and by cutting off them into a digging machine, etc.

The Defendant and E conspired as above, thereby damaging the victim’s property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement of witness F in the second protocol of the trial;

1. Statement made by the police of the F;

1. A report on evaluation of obstacles, service contract, demand for the transfer of obstacles, letter of demand for the transfer of obstacles, cash deposit, etc., list of damaged goods, details of damaged goods, and photographs at the removal

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 366 and 30 of the Criminal Act applicable to the crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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