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(영문) 서울서부지방법원 2016.04.01 2016고정21
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B and D have jointly operated “Fwa Holdings” on the 4-7th floor of the Seodaemun-gu Seoul building E from July 2010, and Defendant A has been working as a general director of the said Party.

Defendants and D, due to the illegal change of use and the delinquency in management expenses of KRW 00 million, caused disputes with the management unit of the building in question (Secretariat G). From the management point to December 8, 2014, the Defendants and D were urged to control the electric facilities by force after mobilization of service employees into the said building’s machine room, while warninging the power failure several times from the management point of view.

Defendant

B and D were known to B around 14:00 on February 27, 2015 to B and D.

The 6 staff members, including H, called the above building, and cut off the 6th underground floor with them. Defendant A, who was prepared in advance, destroyed the gate correction devices, and forced to open the above entrance. The Defendants entered the above 10 entrances together with the above 10 employees, including the above 10 employees.

As a result, the Defendants infringed on the 6th floor mechanical room of the above wa Holdings managed by the victim E management unit, in collaboration with 10 persons, such as D, H, I, and J.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect against the defendant B;

1. Each protocol concerning the examination of a police officer in relation to K, L, I, M, NH,O, J, P, and Q;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs damaged by corrective devices;

1. Relevant Article 2(2)1 and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 319(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

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

3. Defendants of the provisional payment order: As to the background leading up to the crime of sentencing under Article 334(1) of the Criminal Procedure Act.

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