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(영문) 인천지방법원 2019.08.12 2018고정2429

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendants shall be punished by a fine of four million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative of F, which is the owner of building G of the same building as “E”, the main complex building located in the plot of land outside Seoul, Nam-gu, Incheon, and as the owner of the building G of the same building. He is the delegating to H, who is the sectional owner of E, with respect to the possession of I, J, K, L, M, M, N,O, P, and Q from the above building. Defendant B is the actual representative of R awarded the above “E” on April 2018, and Defendant C is the person who was requested to mobilize the right of possession by participating in the lien dispute between Defendant A and Defendant B, with the aim of reducing the right of possession.

S, T, and U are those serving in R, and V are guard services mobilized in preparation for violent incidents, etc. from W, which are R's personnel, and X,Y, Z, Z, AAB, AC, AD, AE, AF, AF, AH, AI, AJ, AK, AK, AM, N, AO, P, Q, and AR are guard services mobilized by the Defendant C in preparation for violent incidents, etc.

AS was subject to a public auction on August 2012, but F, who did not receive the construction cost of 4.3446350,000 won, did not hold the above E in possession until now while exercising the right of retention.

Defendant

A has the share of the R in the actual operation of Defendant B, and the Defendants conspired to intrude into E in possession of the F employees to lose the lien by leaving the F-related person who is exercising the lien from the building in the situation that R is obliged to receive a successful bid in the auction for the above E and pay any balance, and then to occupy a favorable position in the relationship of rights.

1. Defendants A and B, who violated the Punishment of Violences, etc. Act (joint residence intrusion) of the Defendants and interfered with their duties, agreed to call the above E on May 14, 2018 and call the S, T, U and V, Defendant C, AB, AD, AE, AE, AF, AF, AH, AJ, AJ, AJ, AK, AK, AL, AM, AP, AP, Q, and AR, respectively, and then jointly intruded the E, at around 07:00 on May 14, 2018.

Defendants and the above persons are F director.