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(영문) 창원지방법원 통영지원 2012.11.01 2012고정441
폭력행위등처벌에관한법률위반(공동주거침입)교사
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A, upon receipt of a request from F to request the possession of the above building instead of the above building in order to exercise the right of retention, from April 13, 2006, A occupied the above building since around September 13, 2006. Since around September 201, the victim G, who was awarded a successful bid in the auction procedure, occupied the above building, lost possession due to hospitalization and detention house reduction, etc., the victim G, who was awarded a successful bid in the auction procedure, was able to let H and son, who is the land owner, and son-friendly job I, enter the building with the home appliances used at the time of possession of the above building.

1. At around 11:00 on February 2, 2012, Defendant A instructed Defendant B, H, and I to carry home appliances, such as television, at the office located in the above E-building before the J of Gosung-gun, Defendant B, and the Defendant instigated Defendant B, etc. to intrude into a structure managed by Defendant B, H, and I by cutting off the locks of the E-building and the office entrance of the victim’s ownership, and entering the said office at around 19:00 on the same day.

2. Defendant B, upon receiving the same instruction as that of paragraph (1) from A with I, and around 19:00 on February 2, 2012, Defendant B used a cutting machine prepared in front of the above E, to cut the locks set up at the door and the entrance of the above building, and to enter and intrude the office inside the above building, Defendant B infringed upon the above E, a structure owned and managed by the victim G.

Summary of Evidence

1. Defendants’ partial statement

1. Part concerning the statement in G of the police interrogation protocol against Defendant H

1. G statements;

1. Application of Acts and subordinate statutes to each investigation report (No. 28,112 pages of investigation records);

1. Article 2 (2) 1 and Article 2 (1) 1 of the Punishment of Violences, etc. Act shall apply to the relevant criminal facts and the defendant A who has selected a punishment;

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