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(영문) 서울중앙지방법원 2013.09.10 2013고정3586

폭력행위등처벌에관한법률위반(공동주거침입)

Text

Defendant

A and Defendant B shall be punished by a fine of KRW 2,000,000, and Defendant C by a fine of KRW 1,000,000, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

On February 28, 2013, even though the Defendants accepted the block set house in the Mpark creation project site in Dongjak-gu Seoul Metropolitan Government L by the adjudication of the local Land Tribunal of Seoul Metropolitan City, the victims N, who reside in the above house, were to have invaded into the above house, so that the expropriation itself is unlawful and not to leave the house.

On April 16, 2013, the Defendants came to a house of the victim around 09:50 on April 16, 2013, and Defendant A and Defendant B destroyed the said house gate with the money, and all the Defendants went to the residence of the victim.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the N in the police station;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Article 319 (1) of the Criminal Act, the selection of fines, and the selection of fines, respectively;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;