beta
(영문) 서울중앙지방법원 2017.04.27 2016고정3649

폭력행위등처벌에관한법률위반(공동주거침입)

Text

Defendant

A and B KRW 2 million each fine, Defendant C, D, E, F, G, H, I, J, K, L, M, N,O, P, and Q, respectively, in KRW 700,00.

Reasons

Punishment of the crime

1. As part of the T Modernization project, the Federation planned the relocation of a new building (V located) in an existing market building (Seoul Metropolitan Government U located) that was worn-out as part of the T Modernization project and completed the construction of a new building on October 2015, and WW Co., Ltd is the subsidiary company of the Suhyup Federation entrusted by the Suhyup Central Association with the management and operation of the existing market building and new building.

W Co., Ltd. (hereinafter referred to as “Company”) divided the existing market building by partition, and leased and used the existing market building with the market merchants, and demanded the market merchants to leave the existing market building from the existing market and move it to the new building on March 15, 2016, according to the fact that the lease contract with the market merchants would be expected to be expired as a whole.

On the other hand, some market merchants, including the Defendants, constituted X(hereinafter referred to as “X”) on the grounds of the leased area reduction, rent increase, etc., and were in conflict with the company by refusing to relocate the building to a new building.

2. Around 10:00 on February 15, 2016, X held a Y Act in which approximately 300 X merchants participated in the conference in UT located in Dongjak-gu Seoul Metropolitan Government. On the same day, Z, the head of the business X secretariat, who is the director general of the company, should hold an interview with the representative of the company at the level of responding to the closure of the access road on the third floor of the existing building of the company’s side,” and instigated the company to enter the company’s building.

Accordingly, the defendants and X vice-chairperson entered the building through the door door of the company that is immediately adjacent to the above assembly place at around 12:00 on the same day.

However, the employees of the company set off the door door so that they may not enter the building, and AA carried down the window of the next drinking and the window of the guiding room (80cm from the ground to the 80cm height) through the direction room immediately next to the door.

After all, the Z enters the above building and meet the representative of the company, inciting the merchant, and remaining.