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(영문) 서울동부지방법원 2015.10.30 2015고정1591

폭력행위등처벌에관한법률위반(공동주거침입)등

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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B Organizations (the president C; hereinafter referred to as "B Organizations") are organizations established under the Act on the Establishment of Organizations by Persons, etc. of Distinguished Services to the State, and D Branch Association (the president E; hereinafter referred to as "D Branch Association") is a special branch of the B Organizations.

The Korea Veterans Welfare and Healthcare Corporation operated a F Hospital located in Gangdong-gu Seoul Metropolitan Government. Since the early 1980s, the Korea Veterans Welfare and Healthcare Corporation concluded a contract for the entrusted operation with the D Branch on December 16, 2013 and concluded an entrusted operation contract with the B on December 16, 2013, and notified D Branch of December 24, 2013 that the entrusted operation contract was terminated on December 31, 2013, D Branch continued to occupy the above funeral hall while refusing to return the building of the funeral hall.

Therefore, on June 9, 2014, the organization filed a lawsuit claiming the name map of the funeral home building on the ground that the term of the contract against the F Hospital was expired along with the F Hospital on June 9, 2014, and won the judgment on December 30, 2014. Although it attempted compulsory execution on January 29, 2015 and February 6, 2015, it was the resistance of the D Branch Association.

The Director G of the Group Audit Office of B, as a working-level officer in charge of the lusence litigation and the lusence execution of the B organization, mobilized a large number of manpower at will instead of normal execution procedures and intrudes on the funeral hall, and tried to get off the possession by identifying the side of the Dmers.

G around February 17, 2015, at the meeting room of law firms I located on the eighth floor of H building in Jung-gu Seoul, Seoul, and at the meeting room of law firms I, K introduced from the J that operates labor manpower companies should have "persons occupying the funeral hall of a F Hospital" forcedly let approximately 200 service personnel.

There is only a method of illegal occupancy.

Since New Year's Day begins, entering around 02:00 on February 20, 2015 is fine.

At that time, the expenses of the other party will be harmed, and in particular, there will be no people because of the new wall time.

On February 23, 2015, which is scheduled to execute even if the entry is successful, will be occupied until February 23.