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(영문) 서울남부지방법원 2017.07.20 2016고정2634
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who was the president of the D Association (hereinafter “instant Association”) from around December 18, 2012 to February 6, 2015, and Defendant B is a former auditor of the instant Association; E and F are members of the instant Association; and Victim G is a person who is in charge of the president of the instant Association from around February 6, 2015.

On February 6, 2015, the Defendants were dismissed from office as the president and auditor of the instant Association at the general meeting of the instant Association led by the victim. On August 20, 2015, the Defendants filed a lawsuit against the instant Association to confirm the invalidity of the above provisional general meeting resolution with the Seoul Southern District Court, and received the judgment in favor of the Plaintiff at the same court. The Defendants, E, and F entered the instant Association office managed by the victimized person based on the said judgment, and had the right to operate the instant Association.

around December 28, 2015, Defendants, E, and F entered the instant association office managed by the injured party of the sixth floor of H building in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and changed the key of the entrance card after entering the entrance.

As a result, Defendants, E, and F jointly intruded on the structures managed by the victimized person.

Summary of Evidence

1. Entry of Defendant E in the first trial record and part of Defendant A’s statement;

1. Each legal statement of witness G, I, and E (defendant A);

1. Each protocol of suspect interrogation of the police against Defendant E, F, and B (defendant B)

1. Each police statement made to G and I;

1. A copy of the protocol of interrogation of the suspect to the prosecution against G, J, K, I, and E, a copy of each protocol of interrogation of the police officer to J, I, and G, and a copy of each protocol of the police officer's statement to F (defendant A);

1. A copy of the investigation records No. 18838 of the Seoul Southern District Prosecutors’ Office (defendant B)

1. The Seoul Southern District Court Decision (2015 Gohap 102171) and the application of Acts and subordinate statutes on photographs;

1. The Defendants of the relevant law regarding criminal facts: Punishment of violence, etc.

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