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(영문) 의정부지방법원 2012.12.12 2012고정2357
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 16:00 on June 30, 201, the Defendant decided to purchase 60% of the shares in the “G hotel” operated by D from D to the “G hotel” operated by D in the office of the building association in the Namyang-si, Gangwon-do.

Since then, the defendant judged that the victim independently occupied and operated the above "G hotel" while excluding D, and had the victim take possession of the "G hotel," and had H contact with H to recruit daily workers.

H contacted to I, J, K, L, M, N, P, Q, Q, R, T, T, U, V, and W respectively.

1. On July 5, 201, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) directed the employees of X, etc. around the above “G hotel” to drive away from the hotel and block the entrance of the hotel.

Since then, the defendant, H, I, J, K, L, M, M,O, P, Q, S, T, U, V, and W entered the above hotel, and then released the victim and the employee on duty out of the entrance, Y, Z, and AA, after preparing in advance, corrected the hacks by locks, and prevented others from entering the entrance.

Accordingly, the Defendant and H, I, J, K, L, M, N, andO intruded into the above “G hotel”, which is a structure operated by the victim, jointly with P, Q, R, R, S, T, U,V, and W.

2. In collusion with H, I, J, K, L, M, N,O, P, Q, Q, S, T, U,V, and W, the Defendant interfered with the operation of “G hotel” of the victim in such a manner as to make it impossible for the victim to enter and depart from outside, as above, at the time and place as set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article of the Act on the Punishment of Violences, etc. and the Selection of Punishment: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (the point of joint residence intrusion) and Articles 314 (1) and 30 of the Criminal Act;

1. Aggravation for concurrent crimes;

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