logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2016.02.16 2015고정976
폭력행위등처벌에관한법률위반(공동건조물침입)
Text

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

Reasons

Punishment of the crime

The Defendants are employees of the Daesan Industrial Planning (G) (hereinafter referred to as the "Large Industrial Planning") (hereinafter referred to as the "Large Industrial Planning") which had entered into a contract for the development of the land in Seodaemun-gu in the Dispute Resolution Co., Ltd. (hereinafter referred to as the "Seomun Land Development") and the services related to the development of the F.S., and the Daesan Industrial Complex Co., Ltd. (hereinafter referred to as the "Large Industrial Planning") is a company which entered into a contract for the development and creation of the land in Seodaemun-gu and is under construction by concluding the development and creation contract for the said land.

On March 15, 2015, the Defendants entered the Franchi City Development Project site managed by the victim H at the site of the large industry around 16:00, without the consent of the victim, and installed fences, and the Defendants did not leave the site at the construction site even though the victim requested the withdrawal at several times.

Accordingly, the Defendants jointly interfered with the management of the damaged person's field of construction by force.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police with H;

1. A report on investigation;

1. Proxy power delegated by the joint implementers to the development of land;

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) and 30 of the Criminal Act: Defendants who choose the penalty for a crime;

1. Each of the Defendants to be suspended from sentence: fine of 300,000 won; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendants of suspended sentence: Article 59(1) of the Criminal Act (a) (a dispute over whether the Defendants’ work company’s contract for land development-related services, including the instant construction site supervision, was lawfully terminated in the development of the Seodaemun-gu land in the construction site of this case; a warning was filed on January 28, 2015 due to the change in the form and quality of land to the construction site of this case; the Defendants were arrested as the current offender of this case; and the light industry appears to have not been trying to occupy the construction site of this case in the direction of planning the large industry after the arrest of the Defendants as the present offender of this case.

arrow