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(영문) 부산지방법원 2018.11.08 2018고정1455
폭력행위등처벌에관한법률위반(공동주거침입)등
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the managing director of the company B, and C continued the dispute between the above company and the victim D corporation with possession right, etc. on the building of the Busan East-gu E, the Defendant did not have legitimate authority to exclude the possession and management of the building E and conceal the electric measuring instruments owned by the victim.

1. Around June 17, 2017, the Defendant and C violated the Punishment of Violences, etc. Act (joint residence intrusion) and the Punishment of Violences, etc. (joint residence intrusion) came to an empty shop used for a bath bath located on the first floor of the E E building on June 13:11, 2017, and the damaged party cut off the entrance locks installed for the management of the building and destroyed them, and then entered the store.

Accordingly, the defendant and C jointly damaged the property owned by the victim and infringed on the structure of the victim management.

2. The defendant and C shall take out the electric measuring instruments owned by the victim corporation D, which were kept in the aforementioned store at the date and time as stated in the above 1. Paragraph, and at the same place;

In addition, the property owned by the victim was concealed jointly by arbitrarily moving it to the warehouse of the first floor.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the accused and C;

1. The first police statement with respect to F;

1. Complaint;

1. A written record on delivery execution of each real estate, and a certificate fully registered;

1. Application of each photograph and theft video-related Acts and subordinate statutes;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 319 (1) of the Criminal Act (joint residential intrusion, selection of fines), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (Jointly damaged property and selection of fines);

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

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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