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(영문) 서울동부지방법원 2015.06.26 2013고정2625

건조물침입

Text

Defendant

A, D, E, and G Each fine of KRW 300,00,00, Defendant B, C, and F shall be fine of KRW 800,000,00, and Defendant H shall be fine of KRW 500.

Reasons

Punishment of the crime

[2013 High Court Decision 2008Na7695, 2008Na76695, 2008Na76701 (combined) decided on August 5, 2009 in a lawsuit against the name of the building and the name of the building that the Defendant A, C, and F, and the Defendant G were subject to the Supreme Court Decision 2009Da6765, 2009Da67672 (Consolidated) Decided May 27, 2010, as the Supreme Court Decision 2009Da67672 (Consolidated), the Defendant B, D, and the Defendant E were finally and conclusively decided on October 11, 2012 by the Supreme Court Decision 201Da20607, 201Da201614 (Consolidated).

Nevertheless, on March 3, 2013, the above Defendants committed the crime of aggressioning a structure against the will of the manager under the pretext of attending the worship of the Defendant’s believers at the Nuriwon located in Songpa-gu Seoul Metropolitan Council on the part of the Defendant at around 08:10 on March 3, 2013 by entering the structure against the will of the manager of the structure.

In light of the records, the phrase “in contravention of the above judgment” as stated in the facts charged is an incidental circumstance that ratified the situation that goes against the will of the manager, and it is obvious that it enters the same against the will of the manager. Thus, it is corrected as

The above church entered the distribution of the worship to the above church.

Accordingly, the above Defendants invaded upon the building managed by others.

[208Na7695, 2008Na76708 or 76701 (combined) which was brought by the NIE NI, Defendant C, Defendant H, and Defendant F, Supreme Court Decision 201Da6765, May 27, 2010, Supreme Court Decision 2009Da6765, 209Da67672 (combined), and Supreme Court Decision 201Da20607, 201Da20607, 201Da20614 (Consolidated) Decided October 111, 2012, respectively, became final and conclusive.

Nevertheless, the above Defendants, around 10:05 on January 10, 2014, are present at the Defendant’s worship at the Nuriwon located in Songpa-gu Seoul Metropolitan Council.