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(영문) 부산지방법원동부지원 2020.09.11 2020고정351
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are the occupants of Busan Shipping Daegu E Apartment (hereinafter “the apartment of this case”), and Defendant A is the representative of the Emergency Countermeasure Committee for the apartment of this case, and Defendant B, C, and D are the members of the Emergency Countermeasure Committee for the apartment of this case.

Although the Defendants demanded F to resign from the head of the management office of the apartment building, the F refused it, the Defendants forced the door of the management office to open the office and conspired to prohibit the apartment management work.

1. From February 29, 2020 to 14:00, the Defendants violated the Punishment of Violences, etc. Act (joint residence intrusion) went into the office managed by the victim F, the head of the management office, by jointly releasing the key repair hole from the entrance door locking up to the front of the apartment management office of the instant apartment from February 13:40 to 14:00.

2. The Defendants interfering with the business, as prescribed in paragraph (1), entered the office managed by the victim F, and moved out from the ice saw computer monitoring, main body, CCTV recording machine, CCTV camera, and wire telephone apparatus to the Defendant B’s residence, thereby leaving the Defendant B’s residence until March 4, 2020, thereby preventing the victim from performing the apartment management work.

Accordingly, the Defendants conspired to interfere with the victim's apartment management work by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police protocol of statement to F to each investigation reporting statute;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (the point of entering a joint structure), Articles 314 (1) and 30 of the Criminal Act, and the selection of fines for negligence;

1. Defendants among concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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