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(영문) 의정부지방법원 2017.10.26 2017고정1652

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

A victim C is a project owner that constructs two adjacent living facilities in the area of D and five parcels in the Namyang-si around March 2016, and the Defendants, E, F, and G are those who have contracted construction with the damaged party (ju) who have contracted construction with H.

Defendants, E, F, and G agreed to exercise their right of retention by occupying the above buildings, as they did not receive the construction cost from H (ju).

1. On August 31, 2016, Defendants, E, F, and G violated the Punishment of Violences, etc. Act (joint structure intrusion) entered the building behind the building opened in the Dong of the above neighboring neighborhood living facilities A around 06:00, and attached a phrase to the possession of the right of retention within the water, and they were placed in the office with a content installed in the office and dice by the keys.

Accordingly, Defendants, E, F, and G jointly intruded on the victim’s structure.

2. Defendants, E, F, and G infringed on the violation of the Punishment of Violences, etc. Act (damage to joint property) at the time and place specified in paragraph 1, as seen above, the key at the entrance installed by the victim was removed by intrusion into the Dong office of the living facility A owned by the victim, and the Defendants, E, F, and G were routed to the mountain key.

Accordingly, Defendants, E, F, and G jointly damaged the property of others.

Summary of Evidence

1. Defendants’ legal statement

1. Statement prepared by the police for the complaint, on-site photographs, estimates, and statements prepared by the police for C, E, F, and G;

1. Application of Acts and subordinate statutes to inquiries, such as each criminal history;

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, the selection of fines for each crime;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: each of them.