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(영문) 울산지방법원 2017.07.06 2017고단1192
점유강취등
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Criminal facts

Defendant

A The representative director, Defendant B, a general director, and Defendant B, as an executor of the construction of “G apartment building” in the Busan Dongdong-gu FF, Busan. In order to purchase the land necessary for the said construction, around January 30, 2015, purchased I in the vicinity of the said construction site from the Victim H Co., Ltd., Ltd. in order to purchase the land necessary for the said construction, and the victim and the purchaser agreed that “the purchaser shall notify the victim and the purchaser at least one month before the completion of the construction of the road (not less than three years from the present time) and the seller shall continue to use I until the said notification.” On February 2, 2015, the seller had the ownership of the said I in the name of E Co., Ltd., Ltd. and thereafter had been urged to secure the said I site promptly from the person related to the construction.

Accordingly, Defendant A demanded J, the representative of the victim company, to allow the use of part of the above I site as the site for the apartment construction site, but it was rejected, and the victim company's related persons did not consent to arbitrarily intrude into the above site without permission.

1. Joint crimes committed by the Defendants (Special Building Intrusion)

A. At around 09:50 on Jan. 17, 2016, the Defendants conspired with five infinites, and had been occupied, managed by the injured party, and had been removed by breaking the pents using sckes, a dangerous object, without permission of the J and the injured party related to the company, and invaded the victim’s structure by carrying dangerous objects.

B. On January 27, 2016, the Defendants conspired with about 10 persons in an infinite name, and around 05:40 on January 27, 2016, in front of the said I site owned and managed by the injured party, the Defendants removed the boundary reduction system installed therein by using sckes, which are dangerous objects, without permission from the J and the injured party’s related party, and carried with them dangerous objects.

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