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(영문) 서울중앙지방법원 2014.04.25 2014고정811
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendant

A and B Each fine of 2 million won, Defendant C, D, F, G, and H shall be fined of 1.5 million won, Defendant E, and I, respectively.

Reasons

Punishment of the crime

Defendant

I is the head of the K Trade Union under the J Trade Union (hereinafter referred to as the “J Trade Union”), Defendant B, C, D, E, F, G and H are the members of each K Trade Union L branch, and Defendant A are the members of each K Trade Union M branch.

On January 17, 2013, at least 14:10, the Defendants attended with approximately 150 members of the JAP in front of the term “The 18th Presidential Transition Committee” of the building of the 28-1 Korea Financial Research and Training Institute of Jongno-gu Seoul, Jongno-gu, Jongno-gu, Seoul.

At around 16:25 on the same day, the Defendants entered the 16:5-meter radius from the right side of the president of the JA and the Korean Financial Training Institute.

Accordingly, the Defendants invaded into the building of the Korea Financial Training Institute, which is a building jointly managed by the Defendants.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of P, Q, R, S, and T;

1. Application of the Acts and subordinate statutes to each investigation report (afix of documentary evidence);

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, the selection of fines for negligence, and the selection of fines for negligence

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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