(영문) 대전지방법원 2016.07.07 2015고단2376

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(영문) 대전지방법원 2016.07.07 2015고단2376

폭력행위등처벌에관한법률위반(공동주거침입)등

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Although there is no ownership and right of retention on the F main apartment owned by the victim E (hereinafter “instant building”) in Jung-gu, Daejeon, which is managed by the victim C, even though there is no ownership and right of retention on the instant building, the Defendant has a right of retention on the instant building.

The claimant is the person who illegally occupied the building of this case.

1. The Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) jointly with G, H, I, J, K, K, L, and M. On February 17, 2014, the instant building was occupied by the victim C by entering the instant building through the entrance of the first floor to compulsorily occupy the instant building under the pretext of exercising the right of retention during the period between around 06:00 to 06:50 on February 17, 2014.

[Judgment as to the defendant's assertion and its assertion] The defendant asserted that the defendant's possession of the defendant as to the building of this case, who was delegated by the co-offenders of adequate lien, is a legitimate possession. Thus, according to the evidence duly adopted and investigated by the court, other co-offenders are acknowledged to be not the legitimate lien of the building of this case, and there is no other evidence to prove the above assertion by the defendant. Thus, since other co-offenders are in a different premise, the above assertion by the defendant on the premise that he is the proper lien holder of the building of this case, the above assertion by the other co-offenders is not accepted without any reason.

2. On February 17, 2014, the Defendant violated the Punishment of Violences, etc. Act (damage, etc. to common property) jointly with I, while illegally occupying the instant building on the first floor of the instant building owned by the victim E around February 17, 2014, the Defendant destroyed the repair cost of KRW 1,415,000, such as the removal of a paint, by holding it out in red painting with the outer wall of the first floor of the instant building owned by the victim E, thereby impairing its utility.

Summary of Evidence

1. The legal statement of the witness C;

1.K, L, G,.

참조조문

-폭력행위 등 처벌에 관한 법률

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