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(영문) 서울중앙지방법원 2019.07.25 2019고단654 (1)
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A A A A with a fine of KRW 5 million, Defendant B with a fine of KRW 3 million, Defendant C with a fine of KRW 5 million.

Reasons

Punishment of the crime

1. The Defendant A is the co-owner of the J Building, the 17th ground and the 7th underground floor size in Jung-gu Seoul Metropolitan Government I (hereinafter “instant building”).

Defendant

B is a person appointed as a manager of a management body of the instant building (a management body established automatically by consisting of all sectional owners of the instant building pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings) on February 25, 2018.

Defendant

C is the Director of the K Office for Management of the Bank.

Defendant

F is the president of the KAF.

On October 28, 2015, L AR has been entrusted with the management of the instant building by M (However, there is no fact that he/she has been legally appointed as a manager) who performed his/her duties as the manager of the management body of the instant building.

Defendant

B entered into the building management contract of this case with K in March 2018.

After the Defendants moved to the management office, etc. of the management office, etc., the Defendants conspired to take measures to ensure that K in charge of the instant building management can manage the building without following legitimate procedures, such as the registration office litigation.

2. Defendants A, B, C, and F with specific action by the Defendants were employed as security services by 30 persons, including Defendant D, E, G, and H.

On March 26, 2018, around 09:00, Defendants entered the management office of the third underground floor and the machinery and electricity office of the seventh underground floor of the instant building. On April 3, 2018, Defendants entered the disaster prevention office of the first underground floor of the instant building around 08:0, and thereafter, from March 26, 2018 to April 18, 2018, the LAB employees engaged in the building management affairs of the instant building were assigned to the said office and prevented access.

As a result, the defendants jointly intruded into the structure managed by the LU and interfered with the building management affairs of the LU by force.

Summary of Evidence

1. Defendant F and H’s respective legal statements

1. Each legal statement made on the third trial date of the defendant A, B, C, D, E, and G;

1. Application of Acts and subordinate statutes on police statements to N,O, and P;

1. The Punishment of Violences, etc. under the corresponding Article of the Criminal Act;

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