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(영문) 서울남부지방법원 2014.02.18 2013고정2238
방실침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a tenant of 503 and 504, Seo-gu, Incheon, who works as the representative of the C building and commercial building.

On February 4, 2013, at around 07:23, the Defendant directly occupied the management body on the first floor of the above C building, and even if access was prohibited by the corrective device installed in front of the management office under management at the entrance, the Defendant entered the entrance through the window and invaded into the victim D room, the representative of the management office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Act and subordinate statutes to a criminal investigation report (to attach CDs for storage of CCTV data in the C building), investigation report, or CDs verification report;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On March 26, 2012, the Defendant, as the representative of the C Building and Commercial Building Numbering Association, committed the following crimes by refusing to comply with the request of the victim D, the representative of the said management body, despite the fact that the new manager was appointed through the general meeting of the management body consisting of sectional owners in the above C Building and the decision was made to take charge of the management of the commercial building in the existing meeting of the management body.

On February 4, 2013, at around 07:23, the Defendant infringed on the management office as described in the above facts constituting a crime, and arbitrarily extracted CCTV connection lines installed therein, thereby obstructing the management of commercial buildings by force.

B. On March 13, 2013, the Defendant issued a certificate to the effect that he/she would pay 5,806,490 won unpaid management expenses to the business owners in the name of the E-cafeteria located in the C-building 205, while carrying out activities as if he/she had the right to manage the said C-building commercial building or to collect management expenses, even though he/she did not have the right to properly collect management expenses.

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