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(영문) 부산지방법원 2013.08.26 2013고정3349
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The Defendants established the board board with the authority to set up the board on the roof of the building leased by the victim D in the victim D in the Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, with the vice versa, but did not receive the construction cost, the Defendants were able to dissolve the board of the above building.

1. On March 8, 2013, Defendants violated the Punishment of Violences, etc. Act (joint structure intrusion) entered the door door to the front door to dissolve the board and the board of the place of the building.

Accordingly, the defendant jointly intrudes on the building managed by the victim.

2. Defendant B’s violation of the Punishment of Violence, etc. Act (joint damage) : the date and time specified in paragraph (1) above; and at the place, Defendant A opened a drick so that Defendant A can dismantle the board; Defendant A removed the drick’s house on the roof by taking advantage of the dricker, removed the drick’s house, removed the drick, and removed the drick, and then fixed electric wires installed at that place.

As a result, the Defendants jointly damaged the above board and the electric power line owned by the victim to the extent that the repair cost, such as the re-establishment cost, exceeds 1,378,500 won.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to D, E, and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, and Articles 319 and 366 of the Criminal Act, each of the defendants who choose to commit a crime;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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