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(영문) 서울중앙지방법원 2015.06.25 2014고정612

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 19, 2013, the lease contract was terminated on April 19, 2013 because the Defendant was unable to pay the rent while the Defendant operated the office on the second floor of the Gangnam-gu Seoul D Building. On April 22, 2013, E entered into a lease contract with the second floor office of the D Building and operates F.

1. Around 14:30 on April 27, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) entered the office managed by the victim E by leaving the entrance of the entrance where the corrective device was installed by force by putting the key repair hole, despite the termination of the lease contract as above on the second floor of the building in Gangnam-gu Seoul, Gangnam-gu Seoul.

Accordingly, the defendant violated the victim's structure without permission in common with two or more persons whose names are unknown.

2. The Defendant interfered with business: Five persons, who are not aware of the name at the time and place specified in paragraph (1), are placed in front of the office entrance, and entered inside and outside of the office, and entered the original table table in front of the office entrance.

B. The police officer who received the report due to the disturbance interfered with the legitimate business affairs of F Co., Ltd. for about 10 minutes before the dispatch.

Summary of Evidence

1. Statement made by witnesses E in the third protocol of the trial;

1. Statements made by witnesses G in the fourth trial records;

1. Legal statement of the witness H;

1. I's written statement;

1. A copy of a letter of commitment, a copy of a receipt, a copy of each short-term real estate lease contract, and a certificate of injury;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 319 of the Criminal Act, Article 314 (1) of the Criminal Act and the selection of fines for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;