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(영문) 인천지방법원 2015.10.30 2015고정837

폭력행위등처벌에관한법률위반(공동주거침입)

Text

Defendant

A A shall be punished by a fine of 500,000 won and by a fine of 1,00,000 won, respectively.

Defendant

A and D, respectively.

Reasons

Punishment of the crime

Defendant

A is a resident residing near H Co., Ltd. located in Seo-gu Incheon Metropolitan City, and is the chairperson of the I Apartment Emergency Countermeasure Committee composed of local residents who oppose the extension of the production facilities of Pakistan of the above company. Defendant D is the chairperson of the J Committee composed of local residents working for the same purpose. Defendant B and Defendant C are residents living in Seo-gu Incheon L and M in the vicinity of the above company.

On July 5, 2014, from July 21, 2014 to July 2 to 18, 2014, the Defendants, despite the proposal of the security guards affiliated with the above company H, went into the guard room next to the factory of the above company and attempted to enter the company through the guard room, and occupied the above guard room.

Accordingly, the Defendants jointly intruded on the structure managed by the victim HH corporation.

Summary of Evidence

1. Each legal statement of the defendant A, B, and C;

1. Each legal statement of the witness N orO;

1. A protocol concerning the examination of suspect against Defendant D;

1. Application of the CDA-TV Acts and subordinate statutes;

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

1. Defendant B and C to be suspended from sentence: One million won per fine; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) (100,000 won per day) of the Criminal Act;

1. Defendant B and C of suspended sentence: The above Defendants were residents living in the H factory department under Article 59(1) of the Criminal Act, resulting in the instant crime in the course of protesting against noise, etc. from the factory on the day of the instant case, and there were circumstances to consider the circumstances.