beta
(영문) 부산지방법원 2014.11.27 2014고정661

폭력행위등처벌에관한법률위반(공동주거침입)

Text

Defendant

B shall be punished by fine of 400,000 won.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

Defendant

A and B are married couple, the owner and the actual owner of the studio building in the Feung-gu Busan Metropolitan City, and the defendant C is the land owner of the defendant A, and the victim F is the representative director of the Geung-gu and the contractor of the studio building.

Defendant

A, B, and the victim had a dispute over the payment of the construction cost of the studio building, and the victim claimed the lien on the studio building, and the studio studio studio studio studio.

1. At around 11:00 on April 17, 2013, the Defendants jointly cut electric wires outside the studio blocker of the studio building possessed by the victim, and opened an automatic door with a manual and intrude into the studio building.

2. At around 07:00 on April 18, 2013, the Defendants jointly cut electric wires outside the studio blocker of the studio building possessed by the victim, and entered the studio building after breaking the warehouse glass.

3. At around 07:00 on April 19, 2013, the Defendants jointly opened a warehouse glass and intruded into the studio building possessed by the victim, as described in the foregoing paragraph (2).

Summary of Evidence

1. Legal statement of the witness H;

1. The decision on provisional disposition attached to a content certificate, a standard contract for private construction works, a business agreement, or a criminal investigation report (in addition to reference materials);

1. Application of Acts and subordinate statutes attached to evidence photographs, Busan District Court 2013Kahap441 (102~104 pages on the sending records) of photographs attached to the recording of provisional injunction against obstruction of construction

1. The Defendants: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act, and the selection of fines for negligence;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Punishment A and C to be suspended: 700,000 won per fine; and

1. Detention in a workhouse;

(a) Defendant A and C: Articles 70(1) and 69(2) of the Criminal Act (each day, 50,000 won);

B. Defendant B: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of sentence;

A. Defendant A: Article 59 of the Criminal Act.