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(영문) 대구지방법원 2015.07.14 2014고단6348
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant and the victim D agreed to operate Lestop in a joint name for about five years ago, and the “F” E in Daegu-gu, Daegu-gu, to operate Lestop independently and operate Lestop and pay KRW 6 million per month as dividends to Lestop non-operators.

From March 18, 2014, the Defendant: (a) from around March 18, 2014, the victim, who operated Lestop alone, did not pay dividends to the victim’s promise; (b) took the leuk villagers and the Defendant’s employees into the Lestop, and obstructed business; and (c) taken food materials and cafeterias with intent to damage food materials and cafeterias.

1. Violation of the Punishment of Violences, etc. Act (joint residence);

A. At around 07:50 on July 4, 2014, the Defendant, along with G and H, opened a entrance inside a restaurant by compulsory opening of the Frastoc window, and the Defendant and H entered the restaurant.

After that, I entered Lestopland with contact of the defendant around 16:50 on the same day.

Accordingly, the defendant invadedd the building managed by the victim jointly with I, G, and H.

B. At around 22:00 on July 10, 2014, the Defendant, in collaboration with G and H, intruded into the structures managed by the victim in the same manner as the above paragraph 1(a).

C. At around 06:10 on July 13, 2014, the Defendant, in collaboration with G and H, opened the entrance by changing the key to the Lestop door by the Defendant, and intruded into the structures managed by the victim by entering the Lestop.

On July 15, 2014, at around 01:13, G and H, the Defendant, together with G and H, divided the entrance and exit number, and infringed upon the building managed by the victim by entering the entrance into the Lestop.

2. Violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.);

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