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(영문) 대구지방법원 김천지원 2017.11.28 2017고정408
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

around 17:00 on May 31, 2017, when the victim D was in Kimcheon-si, Kimcheon-si, Inc., the unmanned security company, the Defendants went to the above building by using the wall surrounding the building.

Accordingly, the Defendants jointly intruded on the structures managed by the damaged person.

Summary of Evidence

1. Legal statement of the witness D;

1. The defendants asserted to the effect that the investigation report (in the form of transfer contract), investigation report (in the face of a location where a suspect A or B intrudes into the site), investigation report (in the face of a location where a suspect A or suspect B intrudes), investigation report (in the entrance of the site), investigation report (in the presence of data relating to the change of construction participants), investigation report (in the form of a report on the change of construction participants), investigation report (in the form of a report on the removal and execution of real estate), and attachment of an investigation report (in the form of a written judgment), as stated in its reasoning, the defendants are the lien holder of the building of this case, and the defendant A was entrusted with the management of the building of this case

However, according to each of the above evidence, Defendant B cannot be deemed the owner of the instant building or the lien thereof, and thus, the Defendants’ above assertion is not accepted (the Defendants were sentenced to a fine on July 3, 2014 on the charge that the Defendants already invaded on the same building as the instant case around around around 2012 and around 2014, and the judgment became final and conclusive. The Defendants’ assertion is identical to the assertion in the previous case, and there is no change in any specific circumstance to deem that Defendant B acquired the ownership or lien on the instant building after the judgment became final and conclusive).

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act, and each of the fines shall be selected for the Defendants who choose to commit a crime;

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

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