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(영문) 서울북부지방법원 2013.11.07 2013고정895
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendants are the residents of Dobong-gu Seoul Metropolitan Government E apartment.

On June 22, 2012, from 08:0 to 18:00 on the same day, the above apartment election commission decided to withhold the ballot counting on the ground that the F candidate violated the regulations on election campaign restriction in the "119 East Representative Election Act," which was implemented from 08:0 on June 22, 2012, and then decided to withhold the ballot counting on the ground that the F candidate violated the regulations on election campaign restriction, and let the victim G, the chairperson of the apartment housing management office, put the ballot box in the executive conference room on the third floor of the building that the victim managed

On June 22, 2012, from around 23:00 to 24:00, the Defendants entered the above executive conference room managed by the victim, and had Defendant B take the ballot box out, and let Defendant B open the entrance door of the above executive conference room. Defendant B removed Defendant B’s driver’s license delivered by Defendant A by pushing the above executive conference room. Defendant C and Defendant B entered the board of directors through the open entrance door, and entered Defendant C and Defendant B opened the board of directors through the open door.

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

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Each police interrogation protocol of K or L with each police officer;

1. On-site photographs and photographs;

1. Regulations of the E Apartment Election Commission and the collective housing management rules;

1. Application of Acts and subordinate statutes to one CD-recording data;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 319 (1) of the Criminal Act concerning the defendants who have selected a punishment for an offense;

1. The Defendants subject to suspended sentence: A fine of one million won per year.

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