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(영문) 대구지방법원 포항지원 2018.06.15 2017고정509
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

D is a person who has been in charge of steel reinforced concrete construction among the new construction works of "G" buildings owned by victims F in South-gu E at port.

1. Defendants and D, and D, committed joint crimes, around 14:00 on May 13, 2017, came to the building of the above victim, and the injured party did not pay the construction cost, and thus, attached a banner at the entrance of the parking lot for the reason that they exercised the right of retention, and entered the elevator into the said building for the purpose of attaching a copy of the payment order for the construction cost to the elevator.

Accordingly, the defendants jointly intruded the victim's structure.

2. The Defendants, on June 3, 2017, went into the said building for the purpose of attaching banner and provisional disposition documents at the entrance of the parking lot on the ground that they exercised their lien because they did not pay the construction cost.

Accordingly, the defendants jointly intruded the victim's structure.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness F;

1. Each protocol concerning the suspect examination of the Defendants and D

1. Statement made by the police with respect to F;

1. A written statement;

1. Application of Acts and subordinate statutes to each photographic and field photo;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 319 (1) of the Criminal Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Determination as to the Defendants and their defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act in the provisional payment order

1. The alleged Defendants entered the victim’s building to attach a copy of the payment order and a written decision of provisional disposition order to receive construction cost, and the elevator of the victim’s building was opened at the time when the Defendants entered the victim’s building.

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