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(영문) 대구지방법원 2017.02.10 2016고정1155
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, along with the Defendant’s words, tried to commemorate the network D, which is the father of the Defendant and C, set up in the above site in order to build a memorial hall for D on the north-Gu E and F site owned by the Defendant and C, in order to arbitrarily remove the buildings owned by the Victim G, owned by the Victim G in the fifth degree of the network D, and managed by the Victim H, without the consent of the damaged person.

On December 16, 201, the Defendant, along with C, mobilized monkes on the above site at around 09:00 on December 16, 201, and intruded on the E-mail of the above site, and ordered Poke articles to remove approximately 50 square meters of the market price in which the victim H resides and manages, and to remove one warehouse of approximately 10 square meters of the 10 square meters of the roof Babs and Habs, respectively, to the above building.

Accordingly, the Defendants jointly intruded the victim's residence and damaged the victim's property.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Each legal statement of witness G, H and I;

1. Part of the legal statement of the witness J;

1. A protocol concerning the examination of suspect of the police to K;

1. Application of Acts and subordinate statutes to photographs of the scene of damage, photographs, copies of certification of contents, and entire registered matters;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2(2)1 of the same Act concerning the selection of a punishment, Article 319(1) of the Criminal Act (the point of joint residence intrusion), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of joint property damage) and selection of fines, respectively;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and the defense counsel cannot be deemed as the ownership of the victim G, and since it is a building in a state of risk of collapse due to an unauthorized building or aging, there is no property nature, or it does not impair the utility of property due to the removal thereof.

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