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(영문) 수원지방법원 2013.06.19 2013고정265
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A shall be punished by a fine of 800,000 won, and a fine of 500,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Intrusion a structure;

A. At around 18:00 on May 24, 2012, the Defendants: (a) enter the factory building after the lapse of the factory, through a cresh in which the victim E located in Sungsung-si used any cresh in the auctioned factory to display a notice related to the exercise of the right of retention; and (b) intrude the victim’s structure; (c)

B. On May 26, 2012, the Defendants entered a factory building and a tent via a static door, which was opened in the same place as the preceding paragraph, for the same reasons as that set forth in the preceding paragraph.

Accordingly, the Defendants jointly invaded the victim's structure.

2. At around 14:00 on May 28, 2012, the Defendants: (a) conspireded to interfere with the business of the victim’s factory relocation by force, such as preventing the parts employed by the victim E for the purpose of relocating the factory from leaving the factory; (b) preventing them from using the entrance of the factory building; (c) preparing the entrance of the building; and (d) maintaining the victim’s factory relocation by force.

Summary of Evidence

1. Some police interrogation protocol against the Defendants

1. Statement to E by the police;

1. A complaint;

1. Decision on provisional disposition prohibiting interference with business (2012Kahap221);

1. Application of Acts and subordinate statutes, such as site photographs;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (a point of entering a joint structure), Articles 314 (1) and 30 of the Criminal Act, and the selection of fines for negligence

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The part not guilty under Article 334 (1) of the Criminal Procedure Act (the point of causing property damage to Defendant A); and

1. On May 28, 2012, the Defendant was suffering from the entrance of a factory building owned by the victim E at a successful bid plant held by the victim E at Sungsung-si around 14:00.

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