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(영문) 서울중앙지방법원 2012.05.15 2011고정4193
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A and C shall be punished by a fine of KRW 1,500,000 and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants had already terminated the lease contract for the second floor office of the Seocho-gu Seoul Metropolitan Government F building between Defendant B and the victim E with a studio. After that, on July 23, 2010, the Defendants were permitted to continue to use the said office on the condition that the said Defendant was in arrears until September 10, 2010. However, the Defendants were allowed to use the said office on the condition that the said Defendant was in arrears until September 10, 2010. However, there was no right to use the said office or gain profit from the said office

Nevertheless, the Defendants conspired to open the above office with their remaining goods, to destroy the locks corrected by the victim at the entrance, and to intrude into the office.

1. Defendant A and B violated the Punishment of Violence, etc. Act (joint destruction and damage, etc.) jointly committed with Defendant A and B, in collusion with Defendant C and Defendant B around September 20, 2010, Defendant B, at the entrance of the above office around 19:40 on September 20, 2010, and at the same time, Defendant A, who was corrected at the above entrance, was destroyed by cut off one of the market price locked as the market price of the above victim-owned.

2. Defendant A and B violated the Punishment of Violences, etc. Act (joint residence intrusion) jointly committed by the Defendant C, in collusion, Defendant A and B opened the above entrance at the same time, place, and in the same manner as the preceding paragraph, and entered the office, and intruded on the structure managed by the said victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement to E by the police;

1. The notification related to the arrears of lease contract, written notification (related to the arrears of rent, management fee, etc.), rent, management fee, etc., notification related to the second-class lease contract, e-mail, performance note, e-mail dated July 23, 2010, e-mail dated September 10, 201, e-mail dated September 16, 201, and application of statutes governing the judgment;

1. Article applicable to criminal facts;

(a) Defendant A and B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Articles 319(1) and 366 of the Criminal Act

B. Defendant C:

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