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(영문) 서울동부지방법원 2018.09.07 2018고단2125

부동산강제집행효용침해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

No person of the 2018 Highest 2125 shall intrude on any real estate which has been occupied or delivered by any compulsory execution, or impair the utility of any compulsory execution by any other means.

On June 8, 2018, 505 apartment apartment C located in Gangdong-gu Seoul Metropolitan Government, and D enforcement officers affiliated with the Dong District Court of the Seoul Eastern District, released the possession of real estate E by compulsory execution of the above court 2017Na 1853, and transferred the said real estate to G, the representative of the creditor F (State).

Nevertheless, on June 8, 2018, the defendant, around 17:30 on the above apartment on June 8, 2018, added a corrective device to the correct gate, and infringed on the real estate delivered by compulsory execution by residing in the above apartment, thereby impairing the effectiveness of compulsory execution.

On June 8, 2018, the Defendant: (a) around 16:30 on June 8, 2018, (b) around 2018, (c) around 505 buildings H located in Gangdong-gu Seoul Metropolitan Government, and (d) on June 8, 2018, (c) the key repair technician who is unaware of the fact that he was delivered to G by the enforcement officer of the Seoul Eastern District Court, removed the corrective device of the entrance and installed a new corrective device.

Accordingly, the defendant damaged the corrective device against the market price of the victim G, thereby impairing its utility.

Summary of Evidence

1. Court's statement "2018 Highest 2125" by the defendant;

1. Statement of the police statement related to G;

1. A real estate delivery execution report;

1. Photographs "2018 Highest 2326";

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 140-2 of the Criminal Act that infringes on the utility of compulsory execution of real estate), Article 366 of the Criminal Act, and choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the following circumstances and Defendant’s age, sex, environment, motive, means and consequence of the crime are followed.