폭력행위등처벌에관한법률위반(공동주거침입)등
Defendant
Punishment for C shall be determined by a fine of 200,000 won.
Defendant
C does not pay the above fine.
Punishment of the crime
around March 2013, the Defendants were affiliated with H, which was selected as a new management company of the Seocho-gu Seoul Building, and the victims I were affiliated with the J, which managed the G building from around March 201, which did not transfer the building management duties to H due to the conflict between G building and J, such as the unpaid management expenses between G building and J. The Defendants were willing to intrude into the management office of the said building, and on April 19, 2013, the Defendants invaded into the management office of the second floor of the G building jointly managed by the victims.
Summary of Evidence
1. The respective legal statements of Defendant A and Defendant B
1. Legal statement of a witness I;
1. Each police interrogation protocol against Defendants B, C, and K
1. Application of Acts and subordinate statutes to the police statement of I;
1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, the selection of fines, and the selection of fines
1. Defendant C at a workhouse: Articles 70 and 69(2) of the Criminal Act;
1. Defendant A, B, and D of a suspended sentence: Article 59(1) of the Criminal Act (the defendant A and D had no record of criminal punishment and the defendant B had no record of criminal punishment for the last 15 years; the motive and circumstance of the crime in this case may be taken into account; the form and degree of the crime in this case are relatively minor; the victim’s intent to punish is not strong; and the sentence to be suspended of sentence is to be taken into account: (a) the punishment for a suspended sentence is to be imposed on the defendant A and B; (b) the fine of KRW 500,000; and (c) the fine of KRW 50,000,000 if not paid on one day converted into one day);
1. Defendant C of the provisional payment order: The Defendants guilty of Article 334(1) of the Criminal Procedure Act, and the J to which K and the victim belong, have a dispute over the management of the G building; and the Defendants and K sought the instant management office possessed and managed by the victim in order to demand the transfer of the management of the G building according to H’s instructions. At the time, K had taken a photograph.