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(영문) 수원지방법원 성남지원 2017.10.26 2017고정482
폭력행위등처벌에관한법률위반(공동주거침입)등
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Defendant

A, B, and C each fine of KRW 5 million, Defendant K, L, N, P, Q, R, S, and T each fine of KRW 1.5 million, Defendant D, E.

Reasons

Punishment of the crime

V is a negative figure of W(W). Defendant C, D, E, F, G, H, I, K, L, M, N, J, and P are serviced by V, Defendant P, Q, R, R, T, T, and name-free boxes at the daily intervals of V.

The above W and the victim X(48) Y Mu Park operated are in legal disputes between them as a matter of ownership.

V planned that the ownership of the YY Mu Park belongs to W and occupied the memorial park, and collected all the other Defendants in the vicinity of the Gu office of the party branch.

On June 20, 2016, around 06:55, the Defendants: (a) confirmed the entrance door lock by Defendant A for the purpose of leaving the Y Anmar Park in Gwangju-si and the memorial park without permission; and (b) carried all other Defendants inside the building, and the Defendant A also intruded the victim’s structure.

After intrusion upon the inside of the building, the Defendants revealed out of the building the Victim AA(42) who is a staff member of the memorial park, who was under the influence of force following the intrusion on the inside of the building, and prevented the Defendants from entering the building by placing the Defendants on each entrance door in the building with Defendant B and opening the door door, and preventing them from entering the building. Defendant C removed CCTV main body installed in the office and occupied the memorial park along with the other Defendants, thereby obstructing the victims and the memorial park employees from entering the building for about two hours.

Summary of Evidence

1. The respective legal statements of Defendant A, B, and C and each part of the remaining Defendants’ legal statements

1. Each protocol concerning the suspect examination of police officers against V, C, A, B, P, Q, R, S, and T;

1. Each police statement made to AA or X;

1. A report on investigation (CCTV re-Analysis);

1. Application of the Acts and subordinate statutes of black stuffs and photographs

1. Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, and the Criminal Act.

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