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(영문) 서울남부지방법원 2016.12.22 2016고정258

폭력행위등처벌에관한법률위반(공동주거침입)

Text

Defendant

B and C shall be punished by a fine of KRW 1,000,000.

Defendant

B and C fail to pay the above fines.

Reasons

Punishment of the crime

Defendant

B, around 10:00 on October 16, 2015, at around 10:10, the contact was received and arrived at the above 1001 from H to the effect that “A person who intrudes into the G building 1001,” Defendant B was the victim’s hand, Defendant B was the victim’s hand, and Defendant B was the victim’s hand, and Defendant C was the victim’s co-in.

As a result, Defendant B and C assaulted the victim jointly with I and J.

Summary of Evidence

1. Each legal statement of Defendant B and C

1. Each legal statement of the witness K and D;

1. Each police interrogation protocol against I and J;

1. Application of statutes on field photographs;

1. Article 2(2) and (1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)1 of the Criminal Act; Article 260(1) of the Criminal Act (elective of fines)

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, of the provisional payment order

1. On October 16, 2015, Defendant A and D invadedd the instant office managed by the victim H, in front of the entrance of the 1001 office of the 10th floor of the G building in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant office”), which around October 10, 2015 (hereinafter “instant office”), Defendant A’s employees, together with L, Construction Personnel M, N,O, K, Non-Subrogation General Posor P, Defendant A’s branch of the said building, Q, etc., and Defendant A’s entrance. Defendant D invadedd the entrance door up to the 101 unit, accompanied by the entrance correction device, with L, L, M, N,O, K,K, P, Q, Q, etc.

2. First of all, the record reveals that ① registration of preservation of ownership in the name of R Co., Ltd. (hereinafter “execution company”) and registration of trust in the name of living real estate trust as to the above G building was completed in around 2005, and ② the representative director at the time of the event of S as the representative director on June 1, 2008, H of the office of this case is KRW 200 million.