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(영문) 부산지방법원 2018.11.28 2018고정1524
폭력행위등처벌에관한법률위반(공동주거침입)등
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Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, the above fine shall be paid on 100.

Reasons

Punishment of the crime

Defendant

A is the director of the management division of the Dispute Resolution Co., Ltd., which owns 70% of the shares of Busan Dong-gu C, and the defendant B is the employee of the "E" who has been delegated by the Dispute Resolution Co., Ltd.

The Defendants conspired to prevent the victimized party from running the said main store by replacing the defect that the victim F, who is disputed due to the building occupation, tried to occupy the second floor of the said commercial building and operating the entrance locking system.

1. On December 18, 2017, Defendants violated the Punishment of Violences, etc. Act (joint residential intrusion) jointly intruded by opening and entering the gate locks at the 2nd floor of the said commercial building, which is occupied by the injured party on the 11:20th floor of the said commercial building.

2. On December 19, 2017, Defendants in violation of the Punishment of Violences, etc. Act (damage, etc. to joint property) damaged the locking device of the victim equivalent to KRW 40,00 of the market price by opening the door locking device installed by the victim in order to prevent the victim from operating the said main store at the same place.

Summary of Evidence

1. Part of the Defendants’ legal statements

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

1. Application of Acts and subordinate statutes to photograph the closure screen;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 319 (1) of the Criminal Act (the point of intrusion on a common structure), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, the selection of fines;

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

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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