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(영문) 서울동부지방법원 2016.11.18 2015고단2390 (2)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)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

B Organizations (the president C, hereinafter referred to as "B") 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 organization.

The FF Corporation is operating a H Hospital in Seoul, and since the beginning of the 1980s, concluded an entrusted operation contract with D Branch and H Hospital funeral hall on December 16, 2013, and notified D Branch on December 31, 2013 that the entrusted operation contract was terminated on December 31, 2013, D Branch continued possession of the above funeral hall while refusing to return the building of the funeral hall.

B filed a lawsuit claiming the name map of the funeral home building on the ground that the term of the contract against the D Branch on June 9, 2014, along with the H Hospital, expired, and obtained a favorable judgment on December 30, 2014, and tried compulsory execution on January 29, 2015 and February 6, 2015, but it was the resistance of the D Branch.

B The head of the audit office I, as a person in charge of the execution of the name map in B, failed to execute the name map as a person in charge of the execution of the name map, had mobilized a large number of human resources at will instead of normal execution procedures and intruded on the funeral hall, and had a sense of getting off the possession by identifying the side of the D branch.

I around February 17, 2015, at the conference room of K law firms located in the eighth floor of the Seoul Jung-gu Seoul Jung-gu J building, "persons occupying the He Hospital funeral hall shall be forced to leave the conference room, and approximately 200 service personnel shall be required. There is no way to illegally occupy the funeral hall. There is no way to illegally occupy the funeral hall. This is equal to the fine to enter around 02:00 on February 20, 2015. On the other hand, the other party's expense will be reduced. In particular, there is no person who is a new wall time. On the other hand, if the entry is successful, it means that "the demand is made until February 23, 2015, which is scheduled to execute the name", and M means that "the person shall be recruited."