beta
(영문) 서울동부지방법원 2016.11.08 2016고정777 (3)

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendants shall be punished by a fine of 1.5 million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

C Organizations (hereinafter referred to as the "C") are organizations established under the E Act, and F Organizations (hereinafter referred to as the "Chairperson G; hereinafter referred to as the "F") are special subdivisions in the position of C.

H is operating an I Hospital in Gangdong-gu Seoul. Since the early 1980s, it concluded an entrusted operation contract with F and I Hospital funeral hall with C on December 16, 2013, and notified F as of December 24, 2013 that the entrusted operation contract was terminated on December 31, 2013, the F continued possession of the above funeral hall while refusing to return the building of the funeral hall.

Accordingly, C filed a lawsuit claiming the name of the building at the funeral hall on December 30, 2014 on the ground that the contract period against F had expired on June 9, 2014 with the side of the I Hospital, and won the judgment on December 30, 2014, and attempted compulsory execution on January 29, 2015 and February 6, 2015, but was the resistance of F.

C The Director of the Audit and Inspection Office, as a working-level officer of C's lusium and the execution of the lusium, failed, led to arbitrarily mobilization of a number of human resources instead of normal execution procedures to intrude into the funeral hall, and attempted to deprive the F of possession by means of identifying the F.

J around February 17, 2015, at the conference room of L law firms located in the 8th floor of the Seoul Jung-gu Seoul Metropolitan Government, "persons occupying the funeral hall of an I Hospital are required to be forced to leave the conference room, and approximately 200 service personnel are required. There is no way to illegally occupy the funeral hall. Since New Year's Leave begins on February 20, 2015, entry of around 02:00 on February 20, 2015 is fine for the other party's expense will be reduced. In particular, there is no person who is a new wall time. On the success in the entry, it means that "the demand is made until February 23, 2015, which is scheduled to execute the name of a person," and "n's service personnel need to transport buses and provide a public notice and a public notice of employment contract and demand for the cost of the funeral hall."