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(영문) 서울북부지방법원 2016.02.17 2015고정1815
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. On November 12, 2014, at around 09:30, the Defendants entered the F parking lot managed by the victim E in Jungdong-gu Seoul Metropolitan Government, and the facts are as follows: (a) Defendant A’s entry into the parking lot site by asserting a lien on G, a building with the first floor and the third floor of the ground, which was suspended from construction on January 2, 2000, located within the said site; (b) the owner of the said site was under a lease agreement with the owner of the said site for a long time; (c) Defendant A entered a container used by the said victim as the above parking lot management office; and (d) Defendant A was punished for non-compliance with the above removal order on April 17, 2014; and (d) Defendant A entered a container for the use and management of the building site as a storage site (hereinafter “container”).

Accordingly, the Defendants jointly intruded on the containers, which are the structures managed by the said victims.

2. Determination

A. The Defendants and the defense counsel’s assertion that the instant container did not exclusively occupy and manage the damaged person, but at least the Defendants occupied, managed, or managed jointly with the injured person. As such, the Defendants’ entry into and exit from the said container does not constitute the crime of intrusion into the structure.

B. In full view of the following circumstances as a whole, the Defendants occupied and managed the instant container jointly with E in a situation where there is a dispute over the right to own and use the container, taking into account the evidence and records duly adopted and examined by this Court as to the owner of the possession and management of the instant container.

There is a lot of room to see, and the witness E makes a statement or any other statement at the court and investigation agency.

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