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(영문) 서울중앙지방법원 2013.06.13 2012고단5847
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)
Text

Defendant

A, B, and D shall be punished by imprisonment for six months, and by imprisonment for eight months, respectively.

except that from the date this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. All of the facts are (main representative director; Defendant A is the head of the above company; Defendant C is the branch of the Yeongdeungpo-gu branch of the J-gu branch; Defendant D is the head of the above welfare division of the Yeongdeungpo-gu branch.

( state)I is an asset management company established by K around September 2009, and the 6th underground floor and the 23th floor MM building (former NN building) in Jung-gu Seoul, Jung-gu, is a building for which K NN NN obtained 320 billion won PF loans from the Gyeongnam Bank, etc. after establishing P as a special purpose corporation around December 28, 2007, and Q and R had conflict from July 2010 to the management of the above building due to Q and R’s joint representative and refusal of the SS’s request for audit on the management of the lease deposit received from the lessee.

On the other hand, around 14:00 on September 26, 201, the general meeting of shareholders was scheduled to hold the “(State) director Q, R’s dismissal, and appointment of new directors” convened by the K side of the above M M 1605, and the situation was where it was unclear whether the general meeting of shareholders was held normally due to the block of commercial tenants supporting the above Q.

2. Defendant B instructed Defendant A to recruit services in order to prevent the disturbance of lessees in order to encourage the general meeting of shareholders as above. Defendant A asked Defendant C who became aware of through the above B to mobilize services. Accordingly, Defendant C and Defendant D conspired with each other on September 26, 201 with the following order: (a) Defendant C and Defendant D conspiredd with J members, etc. to take charge of contact with the above MM building on the new wall.

The defendants are in contact with the defendants C, including T and U, and D, and jointly joined with the above Ma building 36 in size, around 02:00 on September 26, 201, and enter the 6th basements of the above building, after moving into the underground control room, the 9th floor, and the 15th floor according to the orders of the defendant A, and then (ju) the general management director V and the lessees of the above commercial building, and are in contact with those of the above Qgu in terms of the above Qgu, such as W.

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