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(영문) 서울북부지방법원 2019.10.17 2017고단1579

폭력행위등처벌에관한법률위반(공동재물손괴등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Basic Facts】 The Defendant is a sectional owner of Dongdaemun-gu Seoul Metropolitan Government 4th floor C, who is a manager of the building B, and the victim D is a representative of the building management body, and the victim E is a representative director of the F corporation entrusted and managed the building B.

The defendant was in conflict with the status of the custodian of the victim D and B, and he was born with a mind that he tried to drive away from the building B by exercising force, such as mobilization of members of Seongdong-gu G Association members and intrusion into each office of the victims.

【Criminal Facts】

1. Crimes against victims D;

A. On August 26, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint property damage, etc.) informed about eight members of the Seongdong-gu G Association Dongdaemun branch of the location of the office of the management body of the B building used by the victim D and ordered the members of the Seongdong-gu G Association to intrude into the said office. The members in the name-based name-based organization opened the office door of the management body of the victim D located on the first floor of Dongdaemun-gu Seoul Metropolitan Government building B on August 26, 2016 and damaged the repair cost of approximately KRW 200,000 in the market price by opening the office door of the management body of the victim D located on the first floor of the building B in Dongdaemun-gu Seoul Metropolitan Government.

Accordingly, the defendant jointly damaged the victim D's property in collusion with the non-indicted victim.

B. The date and place specified in the above paragraph (a) of the Punishment of Violences, etc. Act (joint residence intrusion), and the name-free members belonging to the Seongdong-gu G Association, Dongdaemun Branch, which was ordered by the defendant, entered the office of the victim D.

Accordingly, the Defendant conspiredd with the ones who did not receive the name, and jointly invadedd the victim D's structure.

2. On August 26, 2016, the Defendant committed the crime against the victim E: (a) around 18:40 on August 26, 2016, the Defendant: (b) had approximately eight members of the Seongdong-gu G Association, Dongdaemun-gu Branch; (c) had approximately seven members of the F Co., Ltd.’s office located under the seventh floor of the Seoul Dongdaemun-gu Seoul Dongdaemun-gu building B; (d) opened the entrance of the said office.