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(영문) 대전지방법원 2013.07.11 2013고정528

폭력행위등처벌에관한법률위반(공동주거침입)교사

Text

Defendants shall be punished by a fine of KRW 500,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is the president of G University, the vice president of the above university, and the defendant C is the head of the above university, the vice president of the above university, and the vice president of the above university.

In addition, on August 24, 2012, G University professor H and I, the victim of G University, requested that the faculty room be unfolded by the above university after being removed from the university on August 24, 2012, but it is expected to dispute the validity of the removal by means of filing a lawsuit seeking confirmation of invalidity of the removal from the university, and therefore the response clearly stating that the above request cannot be complied with was sent to the university and rejected the instruction of the faculty room.

Accordingly, Defendant B and C reported to Defendant A the progress with the victims surrounding the transfer of the teaching room from time to time, around October 16, 2012, at the president office of G University reported that Defendant A would ultimately win the faculty room of the victims, and Defendant A consented thereto.

Defendant B and C together with K, L, M, N, andO, who is an employee of the J and management team, the above university management team leader.

1. On October 16, 2012, around 16:00, Defendant B and C sent to the teaching room of the victim I located in the above university, and Defendant B and C had M open the entrance door of the locked teaching room using assist key, and J, K, L, N, andO intrudes the victim’s room by entering the above teaching room;

2. From October 17, 2012, around 10:30 on October 17, 2012, the victim H was appointed to the teaching room located in the above university and entered the teaching room in the same manner as the above paragraph 1 and intruded into the victim’s room.

Accordingly, the Defendants conspired with J et al. to intrude into each room of the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H and I;

1. Partial statement of the witness P in court;

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Each police statement made to H, I, Q, R, and S;

1. Application of Acts and subordinate statutes to photographs;

1. Article 319 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Each Criminal Code among concurrent crimes: