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(영문) 서울서부지방법원 2017.06.08 2016고단3273
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendants shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Defendant

A and Defendant B sold the above building E in Yongsan-gu Seoul Metropolitan Government building "(hereinafter referred to as "the building of this case") to the victim-gu Dispute Resolution Co., Ltd., but they sold the above building at a price too low even though they had withdrawn from the building of this case (hereinafter "the building of this case").

I thought this, and thought it to resist the victim company.

1. Around May 31, 2016, Defendants violated the Punishment of Violences, etc. Act (joint residential intrusion) invaded on the structure managed by the victim company by entering the building jointly.

2. On June 101, 201, from around 10:00 to around 11:40 of the same month, the Defendants: (a) obstructed the business; (b) obstructed the Defendant’s front of the said building: (c) obstructed the opening of the route leading to the external entrance door in front of the said building; and (d) Defendant B parked FMW vehicle in close vicinity to the entrance door; and (c) prevented the victim company from having access to the building.

Accordingly, the Defendants conspired to interfere with the remodelling work of the victim company by force.

Summary of Evidence

1. The Defendants’ respective legal statements

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

1. Complaint;

1. Business registration certificate, real estate sale contract, real estate monthly rent contract, copy of passbook, each deposit certificate, certificate of repayment, receipt, contract for construction work, estimate, construction schedule, real estate photograph on May 30, 2016, and the application of each statute applicable to each of the instant real estate photographs and photographs;

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (the point of intrusion on a common structure), Articles 314(1) and 30 of the Criminal Act, and the selection of fines, respectively, for the crime;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: the contents of each witness’s testimony as stated in the grounds for sentencing Article 334(1) of the Criminal Procedure Act, and real estate.

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