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(영문) 부산지방법원 2014.05.08 2013고정5971
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendants shall be punished by a fine of 1.5 million won.

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendants are members of the G Branch Association.

1. On January 30, 2013, H in violation of the Punishment of Violences, etc. Act (joint residence intrusion) confirmed that participants in the assembly have damaged the door of G in front of the G literature located in the Young-gu in Busan Metropolitan City on January 18, 2013, and instigated the participants in the assembly to intrude into G with a loudspeaker on the front of a broadcasting vehicle.

Accordingly, the Defendants entered G with 150 participants in the assembly and intruded into G through the damaged G literature as above.

2. From January 30, 2013 to February 23, 2013, Defendants: (a) invaded into G; and (b) carried out publicity to G employees by asserting that, from January 30, 2013 to February 23, 2013, one of the participants who intruded into G before the single square, approximately 10 square meters away from the “the single square” of the Act on the Management of Land, Infrastructure and Transport from January 30, 2013 to February 23, 2013, the Defendants laid the body of G and set up a pipe where the body of G was laid off, set up a pipe, a new strush, and a new strush around the pipe; and (c) took place with the power to commute G employees.

As a result, the Defendants conspired with 30 people who invaded G, thereby obstructing the building of the victim G and the facility management by force.

Summary of Evidence

1. Defendants’ partial statement

1. Each police interrogation protocol against the Defendants and J (including photographs)

1. Application of Acts and subordinate statutes to each investigation report (the details of prosecutor command);

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (the point of entering a joint structure), Articles 314(1) and 30 of the Criminal Act, and the selection of fines for negligence

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order:

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