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(영문) 서울북부지방법원 2015.11.27 2015고정233
폭력행위등처벌에관한법률위반(공동주거침입)
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Defendant

A shall be punished by a fine of one million won, by a fine of one million won, by a defendant B, and by a fine of one million won.

Reasons

Punishment of the crime

On February 27, 2013, E concluded a contract for acquisition of corporeal movables with the victim H on February 27, 2013, as the owner of a building of G Coina located in the Fund in the Gangnam-gu Seoul, Gangnam-gu, Seoul, with a special agreement stipulating that “A contract shall pay a sum of KRW 100 million and take over all the facilities related to public bath and bathing and corporeal movables.”

E on February 27, 2013, the victim received KRW 100 million as the down payment for corporeal movables transfer from the victim, and the victim has been engaged in the same year from February 27, 2013.

3.5.Matherbling down due to power failure, however, has been occupied by visiting rains at any time to repair equipment, etc.

1. On January 28, 2014, Defendants B and C jointly intruded into the structures managed by the victim by entering the said private house or building around 15:30 on January 28, 2014.

2. At around January 29, 2014, Defendants A, B, and C jointly with I, and around January 29, 2014, Defendant A, in front of the building, carried the entrance door of the glass door prepared in advance, and invaded the Defendants and I into the said door or the building, and into the building managed by the victim.

3. On January 30, 2014, Defendants A, B, C, and E co-principaled Defendants and E jointly with I, J, Defendant A, and Defendant A, before the building, carried the glass entrance door up to the network installed in advance, and invaded the building that Defendants E, I, and J entered into and managed by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H and K;

1. Some statements in the suspect examination protocol of the prosecution E;

1. Each police statement to H and K;

1. Application of Acts and subordinate statutes to a written contract for the transfer of corporeal movables, a special agreement for the transfer of corporeal movables, each photograph, and a statement of disposal of 112 reported cases

1. The Defendants: The pertinent Article of the Criminal Act and the choice of punishment for the crimes: The punishment of each act of violence, etc.

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