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(영문) 수원지방법원 안양지원 2015.01.23 2014고정286
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendants' exercise of their defense rights, the following facts charged are organized and criminal facts are recognized as follows:

Defendant

A is a person who is represented by the appointment of an acting representative of the occupant of “H” in “H” in “Y during Ansan-si, and asserts that he/she is the president. Defendant B is an employee of the Dispute Settlement Council which entered into a contract for the management of the H building with Defendant A, and the victim F is a person working for the head of the H Management Office.

Defendant

A around June 28, 2014, by sending text messages to Defendant B, instructed Defendant B to the effect that “the entrance door of the management office on H 1st floor is opened,” and the Defendants, around 07:00 on June 30, 2013, had the victim, etc. newly accepted the right to manage the building at the first floor of H, while Defendant B, upon receiving instructions from Defendant A, had the unfat repairer, waiting in advance, damaged the entrance lock of the management office room and entered into the management office.

Accordingly, the Defendants jointly intruded on the management office managed by the victim.

Summary of Evidence

1. Each legal statement of witness F and B;

1. A suspect interrogation protocol concerning B by the prosecution;

1. On-site photographs and photographs of text messages sent by the suspect A [the defendant Gap did not command intrusion. However, according to the witness B's legal statement, and the text messages sent by the suspect A to B (the investigation record 70-72 pages) the fact that the defendant A instructed intrusion is sufficiently recognized.] The defendants are not allowed to intrude into a structure or do not have intention to do so. The defendants are the representatives of occupants, and the defendant A was authorized to enter the management office, and the defendant B was into the management office under the direction of the defendant A, and therefore, the crime of intrusion into a structure is established.

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