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(영문) 서울서부지방법원 2019.05.15 2019고정142
건조물침입등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The sectional owners of the building C located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”) held a meeting of the management body around 2007 to enact the regulations of the management body and set up the C management committee. On August 31, 2016, the C management committee entered into a building management service contract with E Co., Ltd. (hereinafter “victim”) operated by the victim D (hereinafter “victim”) with the first police officer for the term of contract until July 31, 2018, and the victim company has been performing the C management work of the building.

The Defendant, as a sectional owner of the instant building, was appointed as a manager by holding an inaugural general meeting of the C Management Body with other sectional owners around March 2018.

Since then, the Defendant entered into a building management service contract with F, and requested the victim side company to suspend its business and hand over its management facilities and management affairs on April 19, 2018. However, the victim refused to enter the disaster prevention room and machine room managed by the victim without permission.

1. On April 29, 2018, the Defendant committed the crime: (a) around 16:50 on April 29, 2018, the Defendant: (b) opened the entrance door of the first floor of the instant building and opened the entrance door to prevent the victim and the employees of the victim from entering the entrance; (c) opened the entrance door of the first floor of the instant building; (d) opened the entrance door of the instant building; and (e) opened the entrance to prevent the victim and the employees of the victim from entering the entrance; (d) opened the entrance door of the instant building; and (e) opened the entrance door of the victim and the employees of the victim’s company; and (e) opened the entrance door of the sixth floor mechanical room of the underground floor of the instant building; and (e) opened the new locking system.

Accordingly, the defendant intrudes on the building owned and managed by the victim, and interfered with the victim's building management work.

2. On May 15, 2018, the Defendant committed a crime and installed a facility that supplies and controls electricity to the building around 13:40 on May 15, 2018.

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