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(영문) 부산지방법원 2014.06.26 2014고단2770
부동산강제집행효용침해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2014, the defendant was sentenced to two years of imprisonment with prison labor for one year in the Busan District Court due to a violation of the effect of compulsory execution against immovables, etc. and the above judgment is the same year.

4.4. Finality has been made.

The defendant is the representative of D, which is the trial contractor of Busan Seo-gu C Apartment, and even though the above apartment was sold to another person by a compulsory auction on around 2012, he had done as if he had the lien holder by keeping the office fixtures, etc. of the above apartment 103, but on September 26, 2013, the Busan District Court sentenced that the above apartment 103 should be delivered to E on September 26, 2013, and the execution of delivery of real estate was completed around November 15:18 of the same year.

Nevertheless, at around 20:00 on November 6, 2013, the Defendant: (a) opened a window that was not corrected by F and opened the door door; (b) removed the entrance door from drick and installed a correction device with a number height.

Accordingly, the Defendant conspiredd with F, thereby impairing the real property and impairing the utility of property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A copy of the judgment (Evidence No. 5);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant Articles 140-2, 366, and 30 of the Criminal Act concerning facts constituting an offense and Articles 140-2, 36, and 30 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Reference to the following reasons for sentencing) of the suspended sentence;

1. The defendant shall not be sentenced to punishment in consideration of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that the defendant is suspected of committing the crime, and the balance with the case where the judgment becomes final and conclusive at the same time, but the defendant commits the crime of this case despite the trial on the crime for which the judgment became final and conclusive.

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