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(영문) 서울중앙지방법원 2013.08.30 2013고단3275
부동산강제집행효용침해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013 High Court Decision 2589]

1. At around 14:00 on March 18, 2013, the Defendant: (a) at the 11:00 store of Jongno-gu Seoul Jongno District Court “D”; (b) at around 11:00 on the same day, the enforcement officer E affiliated with the Seoul Central District Court delegated the enforcement of F, the owner of the said store; (c) performed compulsory execution against the said store; and (d) ordered F to do so; (c) however, on the ground that the premium was not paid, the Defendant infringed upon the said store by using the central passage open for the reason that it was dissatisfy, and carried out the said store out of the said store; and (d) carried out the effectiveness of compulsory execution by again bringing the air conditioners and the studs, etc. into the store.

[2013 High Court Decision 2850]

2. At around 10:00 on March 20, 2013, the Defendant infringed on the said store, which was enforced by the enforcement officer E affiliated with the Seoul Central District Court, to order F and attaching a notice to F, thereby impairing the effectiveness of compulsory execution of real estate.

[2013 Highest 3275]

3. At around 10:00 on March 22, 2013, the Defendant intruded on the said store, which was enforced by enforcement officers E affiliated with the Seoul Central District Court, by ordering F as above, and attaching a notice to F and attaching it to the column. On March 25, 2013, the Defendant infringed on the said store, thereby impairing the effectiveness of compulsory execution of real estate.

[2013 High Court Decision 2792]

4. On March 25, 2013, at the above store around 16:27, the Defendant took a bath to the victim F (F, South and 55 years of age) to report the Defendant as an infringement of the effect of compulsory execution against real estate execution, and took down the lower part of the lower part of the report, and committed assault on three occasions in front of the police officer called out upon receipt of the report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Each police statement of the F;

1. The application of Acts and subordinate statutes on March 18, 2013 to 22, 2013 to the photographs by cutting down a store intrusion video on March 18, 2013 and by cutting down the store intrusion video on March 22, 2013

1. Violation of the effectiveness of compulsory execution under Article 140-2 of the Criminal Act as to the criminal facts concerned; and

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