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(영문) 광주지방법원 2018.10.11 2016고단6049

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendant

A Imprisonment for four months, Defendant B’s imprisonment for six months, and Defendant C’s fine of two thousand won, respectively.

Defendant

C.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. On April 23, 2016, the victim E completed the registration of the transfer of ownership by winning a successful bid for the building located in the Seoul Northern District Court (hereinafter “instant building”) on February 26, 2016 through a voluntary auction procedure. On April 1, 2016, when the Defendants refused to deliver the building to the victim without justifiable grounds, G enforcement officers of the Gwangju District Court (Seoul District Court H) completed the execution of the transfer of real estate (2016 this case’s building) by the said court’s order to deliver real estate to the victim.

On April 23, 2016, at around 16:07, the Defendants and the names of the victims, who are the management of the instant building, carried the victim I into the building, and not enter the victim I into the building, and the Defendant C, who was instructed by the Defendants B and A, intruded into the entrance of the first floor of the instant building through the entrance of the first floor, thereby locking the inside and outside of the entrance of the 1st floor and the entrance of the 1st floor office.

As a result, the Defendants invaded the above building owned by the victim E in collaboration with the non-name injured person and managed by the victim I.

B. On June 28, 2016, when the enforcement officer G belonging to the Gwangju District Court re-execution of real estate transfer (execution title H) to E with respect to the instant building on April 26, 2016, the Defendants, around 13:00 on June 28, 2016, removed from the entrance of the first floor of the building at around 13:00, the price interference with the owned property as seen in paragraph 2.

The building access on the E side was set up and used, and the E side was obstructed.

As a result, the Defendants conspired to infringe on the utility of compulsory execution.

2. On June 23, 2016, the enforcement officer G belonging to the Defendant Gwangju District Court shall be the Gwangju District Court in the vicinity of the entrance of the first floor of the instant building, where “The instant 2016Ga 2016 disposes of the price interfering with the owned objects, creditors E, debtors E, debtors A, B, J, and enforcement titles.”