beta
(영문) 서울동부지방법원 2015.11.13 2015고정1593 (1)

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

B Organizations (the president C; hereinafter referred to as "B Organizations") are organizations established pursuant to the Act on the Establishment of Organizations by Persons, etc. of Distinguished Services to the State, and the D Branch Association of Organizations B (the president E; hereinafter referred to as "D Branch Association") is a special branch of the B Organizations.

F is operating a G hospital located in Gangdong-gu Seoul Metropolitan Government. Since the early 1980s, the F entered into an entrusted operation contract with the D Branch on December 16, 2013, and notified the D Branch on December 24, 2013 that the entrusted operation contract was terminated as of December 31, 2013, the D Branch continued to occupy the above funeral hall while refusing to return the building of the funeral hall.

Therefore, on June 9, 2014, the organization B filed a lawsuit claiming the name of the funeral hall building on the ground that the term of the contract against the D branch was expired along with the G Hospital, and won the judgment on December 30, 2014. Although it attempted compulsory execution on January 29, 2015 and February 6, 2015, it was the resistance of the D branch.

B The head of the audit office of the organization H, as a working-level officer of the organization B, failed to execute the name map execution, had arbitrarily mobilized many human resources instead of normal execution procedures and intruded into the funeral home, and had the owner get off the possession by identifying the side of the D branch.

H around February 17, 2015, in the conference room of the JJ of Law Firm Jung-gu, Seoul, the eightth floor of the IG building, “Any person occupying the G Hospital funeral hall shall be forced to leave the room, and approximately two hundred service personnel shall be required. There is no way to illegally occupy the room. This is equal to a fine to enter the room around February 20, 2015, because the leave begins on a New Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year