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(영문) 서울북부지방법원 2015.07.29 2015고단569

폭행등

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants were employees of the FF, and Defendant A was the representative director of the Seoul Seongbuk-gu Seoul Metropolitan Government H apartment Building Building Building 201, but the ownership was transferred to the victim I (the age of 58) due to the sale by voluntary auction on June 2, 2014. The victim I applied for an order for delivery of real estate by continuing possession of the above building by Defendant A, etc., and applied for an order for delivery of real estate at the Seoul Central District Court on June 3, 2014. On October 11, 2015, the execution of the Seoul Northern District Court and the execution of delivery of real estate by the 2nd enforcement department.

1. On October 2, 2014, around 18:15, Defendant A (Assault) committed an assault against the victim by asserting that the Defendant was wrong in the court’s delivery of real estate in use from around October 1, 2013 when he/she was leased from the Jeju H apartment Building Building 201, Seongbuk-gu Seoul, and (B) from around October 1, 2013, Defendant A and (B) committed an assault with the intent to continue to occupy and use the real estate and to enter into 201, but prevented the victim from entering the Republic of Korea.

2. The Defendants conspired to make a false report to the effect that, on October 5, 2014, the Defendants filed a false report to the effect that, in order to intrude into the above building No. 201 on October 16:12, 2014, the Defendants “is moving an object without the owner’s permission.”

The Defendants entered and intruded into the said 201 unit with K and L, which is between the police officers who confirmed a factual relationship, and continued to occupy the entrance within 201 and until October 20, 2014, thereby impairing the effectiveness of compulsory execution.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement concerning I, M, N, and L;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 140-2, 30, and 260(1) of the Criminal Act;

B. Defendant B: Articles 140-2 and 30 of the Criminal Act

1. Selection of each alternative fine for punishment;

1. Defendant A from among concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;