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(영문) 서울중앙지방법원 2017.11.23 2017고정2433

방실침입등

Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of seven hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants’ personal relationshipD is a person who led the lease, etc. of the above store to the manager of the Seoul Jung-gu E commercial building. Defendant A leased the above 104 and 105 units from around November 201, 2013 to set up a discount for the above 3 commercial buildings, including the above 103 units owned by the victim F, who is the neighboring store, and operated the clothing sales business from around that time to February 2015. Defendant B was a person who operated the clothing sales business at the above 103 units, 104 units, and 105 units from February 2015 to June 2016.

2. On January 2014, Defendant A infringed upon the said store by displaying clothes at the said 103 shop and setting a balking, despite the victim F, the owner referred to in subparagraph 103 of the said 103, who received an obvious intent to rent the said store from D, on the basis of the “E Commercial Building Lease Agreement” issued by D around January 2014, the Defendant infringed upon the said store by displaying clothes at the said 103 shop and setting a baling.

3. On February 2015, Defendant B’s intrusion into the room and damage to property leased only the said E shop Nos. 104 and 105, and notwithstanding the absence of the victim F’s permission, the victim F leased the said E shop No. 103, and around that time, the victim’s use of the said store by doing construction for installing a string to display clothes, etc. on the ceiling of the said 103 shop, and continued to occupy until August 2015, and thereafter, the Defendant intruded the said store by displaying clothes at the said 103 shop and setting a blicking.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police and prosecutor with respect to F and G;

1. AF complaint;

1. Bagical photographs of the sales center and a statement additionally submitted by the complainants and certificates of facts;

1. Application of each police investigation reporting statute;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 319(1) and (2) of the Criminal Act.