beta
(영문) 의정부지방법원 2018.11.07 2017고단3928

점유강취

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) had the victim E mobilized the “D” letter of “D” in the building owned by the Defendant in Seocheon-gu, Seocheon-gu, U.S. C, while exercising the right of retention; and (b) had the victim E mobilized the majority of the service employees without going through the normal compulsory execution procedure; and (c) had the victim forced the said friendship to take the possession by force.

At around 00:40 on February 19, 201, the Defendant, in collusion with service employees in approximately 100, sent 100 letter to the victim F, who is an employee of the above f, and the victim E, who is an employee of the above f, and the victim's f, who is an employee of the above f, and the victim G, who is the victim E, with the above f, and had any physical threat without the above f, forced all persons in the above f and G to leave the building, forced them to take out of the building, and took possession of the above f, and interfered with the business.

As a result, the Defendant conspiredd with approximately 100 service employees, thereby taking his own goods belonging to others' possession by intimidation, and at the same time interfered with the victim E's friendship or business by force.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Each legal statement of witness F, H and I;

1. Statement of witness E in the second public trial protocol;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each letter of complaint, four on-site photographs, the letter of decision on provisional disposition for the evacuation of a building (2010 Ra 182), the letter of decision (2010 Kahap 978), the letter of decision (2010 Kahap 922), each real estate name statement (2010 Kahap 92), the records of non-execution of provisional disposition for the evacuation of real estate and investigation report (including submission of materials and accompanying

1. Article 325 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense (the point of being occupied and forcibly taken) and Articles 314 (1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.