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(영문) 서울남부지방법원 2012.10.22 2012고정521
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (joint residence intrusion) Defendant A and Defendant B are operators of D Construction Corporation, and E are employees of D Construction Corporation.

D Construction was subcontracted to G Construction Co., Ltd. during the construction of the F Building in Gangseo-gu Seoul Metropolitan Government on June 8, 2009 and July of the same year, but it was agreed on November 30, 2009 that the ownership of the F Building 103 (b) (which was divided into No. 107 and No. 108) was transferred to G Construction and H as the repayment of the above construction cost, while it was assumed that the construction cost was paid in KRW 239,840,00.

(D Construction has resolved the provisional disposition against the above No. 103 of I, and G Construction has tried to simultaneously perform the obligation of the Defendants to assume the obligations of the KNFF at the same time. However, on September 17, 2010, G Construction has been occupied by asserting the right of retention for the above FF building, by setting up the unmanned security system under the FF building 112, 113 around May 25, 201, inasmuch as all D Construction and G Construction have failed to perform the above agreement, it would be a voluntary auction procedure for the above FF building upon application by the KNFFFFF.

At around 20:00 on July 28, 201, the Defendants removed the entrance 112 of the “F building” in the foregoing “F building”, and enter the inside and intruded into the structures occupied and managed by the said G construction.

2. 모욕 피고인 A는 2011. 8. 3. 10;00경 서울 강서구 F건물 상가 110호에서, 상가 주인 J의 신고를 받고 출동한 피해자인 경사 K이 피고인에게 위 110호에서 퇴거해 줄 것을 요청하자, J과 수 십명의 사람들이 보는앞에서 피해자에게 “너, 이 새끼, J에게 돈 처먹었냐, 내가 있는 빽 다 동원하여 너 옷 벗기겠다, 씨발새끼”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

3. Defendant A in violation of the Labor Standards Act runs a construction business employing four full-time workers while operating the construction of Gangseo-gu Seoul Metropolitan Government D.

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