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(영문) 수원지방법원 안산지원 2015.03.10 2014고정777

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

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

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

Reasons

Punishment of the crime

1. On December 22, 2013, the Defendants violated the Punishment of Violences, etc. Act (joint residence intrusion) opened a gletlet under the pretext of exercising lien on the ground that they were unable to receive the payment for the construction work of the said building, and entered into the said gletlet under the pretext of exercising lien.

Accordingly, the Defendants jointly intruded on the structure managed by the victim F.

2. Defendants in violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) intruded with buildings managed by victim F as stated in the above paragraph (1) at the same time and at the same place as indicated in the above paragraph (1), and replaced 16 households owned by the victim, which were installed at the above Baradong and Ddong 201, 204, 302, 304, 305, 402, 404, 405, 201, 204, 302, 304, 305, 305, 402, 404, and 405.

Accordingly, the Defendants jointly damaged the property owned by the victim F.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Some statements made by the Defendants in each police interrogation protocol

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the filing of a complaint, full certificate of registered matters - Buildings, full certificate of registered matters, land, certificate of completion of change of construction participants, certificate of completion of report on change of construction participants, evidentiary materials (number 3), copy of a quotation, written judgment (Seoul East District Court Decision 2013Ga

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act, Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, the selection of fines for each of the defendants;

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

1. Defendants of detention in the workhouse: Article 70(1) and (2) of the Criminal Act.