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(영문) 서울동부지방법원 2012.05.17 2011고단2920
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is working as a member of the “E” opposing the Promotion Committee for the Establishment of the D Housing Redevelopment Improvement Project.

1. On September 10, 201, the Defendant violated the Punishment of Violences, etc. Act (residential intrusion) had KS open the locks installed at the above office entrance and opened the door through the open office. On September 16, 201, the Defendant, along with F, Auditor G, E, H, and 27, the vice-chairperson of the above promotion committee, and the victim J in the fiveth floor of Seongdong-gu Seoul Metropolitan Government I building, and had KR open the locks installed at the above office entrance.

The Defendant, together with F, invaded upon a building managed by others.

2. Special larceny Defendant brought 56 copies of a written resolution, which is not known to the market price managed by the victim J within the above office, along with the date, time, place, etc. described in the above paragraph (1), and one credit cooperative consisting of a CD of D Promotion Meeting.

As such, the Defendant, together with F, stolen the property owned by others.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Examination protocol of the accused by the prosecution (including the F and G statement section);

1. Each letter;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure (investigative records, 718, 719 pages);

1. Relevant Article 331 (2) and (1) of the Criminal Act, the choice of punishment for a crime, Article 331 (2) and (1) of the Criminal Act, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, and Article 319 (1) of the Criminal Act (the points of entering a joint structure and the choice of imprisonment);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for conviction under Article 62 (1) of the Criminal Act;

1. The participation and consent of the Vice-Chairperson F and auditor G at the time of committing the instant crime.

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