(영문) 창원지방법원 2017.10.26 2017고정473

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(영문) 창원지방법원 2017.10.26 2017고정473

건조물침입등

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a member of the D Housing Reconstruction Project Association in the counter C of Changwon-si, and the victim E is the head of the association.

On September 16, 2016, at around 16:30 on the same day, the Defendant, with a view to obstructing the board of representatives of an association scheduled to be 18:00 on the same day, had the key repair businessman open a corrected entrance, enter the building into the office, and obstructed the business of the victim’s association by force by forcing the victim to hold a meeting of representatives by occupying the office until 18:00 on the same day and refusing to leave the office.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police for E;

1. Each photograph;

1. The contents of the text messages;

1. The notice of convening the council meeting [the crime of intrusion upon a structure is a de facto residential peace and legal interest, which is constituted by intrusion upon a structure contrary to the will of the manager of the structure, and even if access is generally permitted, the manager can restrict access if necessary, and the building is entering a building contrary to the presumed will of the manager of the structure. On September 9, 2016, the victim, who was the head of the association, was in the Do office in the Do office in the Do office in the Do office in the Do office in the Do office in the Do office in the Do office in the Do office in the Do office in the Do, and on the same day, even if the victim, who was called by the defendant, failed to break down the defendant until the completion of his/her duties, in light of the situation that the defendant opened a corrected entrance in which the key repair hole was destroyed and entered the office of the association, even if the defendant is a representative of the association members.

In addition, the defendant does not comply with the request for the withdrawal of the victim and is at a place other than the association office with security personnel and body fighting.

유사 판례

-수원지방법원 안산지원 2017.09.01 2017고정28

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-수원지방법원 평택지원 2021.02.09 2020고단705

-서울중앙지방법원 2020.09.10 2019노2773

-서울중앙지방법원 2021.02.04 2020노1556