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(영문) 광주지방법원 2014.04.01 2013고정1563
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. The Defendant operates the Defendant Company C, and around November 201, the Defendant was awarded a successful bid in the name of the said Company E-factory building located in Yong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and F was an employee of the Defendant, and the Victim G is a person who operated the Defendant Company E, and managed the Defendant’s factories and warehouses of H, I, and I.

On April 16, 2012, the Defendant: (a) opened the above warehouse entrance in order to confirm whether the victim voluntarily brought the goods located in the E-factory building in the Gu JBC warehouse managed by the victim G located in Dong-gu, Chungcheongnam-gu, Dong-gu; and (b) entered the said warehouse entrance in order to confirm whether the victim arbitrarily brought them to the said warehouse after the successful bid for the auction.

B. On April 2012, the Defendant, in collaboration with F, went through a window that was not set up in the above warehouse, and jointly intruded into another person’s structure, in order to verify whether the victim arbitrarily brought goods located in the E plant building after the successful bid of auction at the red ginseng product storage warehouse managed by the victim G in the Gangnam-gu, Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of witnesses G and K in the third protocol of trial;

1. Application of the Acts and subordinate statutes governing the statement of witness F in the fourth protocol of trial;

1. Article applicable to criminal facts;

(a) The point of common residence intrusion: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act, the selection of fines, and the selection of fines;

(b) Occupation of a structure: Article 319(1) of the Criminal Act; Selection of a fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning the provisional payment order is the defendant's assertion that he/she is not guilty since he/she enters the victim G with his/her consent obtained from the victim G through L.

A witness witness testimony.

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