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(영문) 서울북부지방법원 2016.07.15 2015재고단68
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

"2015 Highest 391"

1. A special assault Defendant is the former owner of Dongdaemun-gu Seoul Metropolitan Government Housing or a person who currently occupies the above housing, and the victim D(52) is a person who leases the above housing from the current owner E.

On November 10, 2014, at the front of the Defendant’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul around November 10, 2014, the Defendant: (a) caused buckbucking part of the victim’s bucking part on the back of the Defendant’s house; (b) caused the victim to wear the gate and put the gate at the house; and (c) caused the victim’s bucking part

Accordingly, the defendant carried dangerous objects and assaulted the victim.

"2015 Highest 814"

2. The Defendant infringed on the effectiveness of compulsory execution of real estate was an auction of a detached house located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, which was owned by the Defendant due to the obligation to guarantee the repayment of the debt, and E, the complainant, around August 27, 2014, acquired the ownership by winning the bid.

On January 29, 2015, the Defendant, upon the cancellation of possession of the said real estate due to the compulsory execution by the court, went to the effect of compulsory execution on the ground that he/she applied for re-appeal against an order to deliver real estate on the same day.

"2015 Highest 967"

3. The Defendant who intrudes upon a house was the former owner of the house located in Dongdaemun-gu Seoul Metropolitan Government (C) and the victim D leased the said house from the present owner E, and around October 22, 2014, the Seoul Northern District Court H as the enforcement title of the said house was handed over to the victim D, the Defendant, at around November 17:00 of the said house, opened an entrance at around November 4, 2014, and intrudes upon the victim’s residence by opening the entrance and opening the house.

4. On November 5, 2014, the Defendant: (a) around 14:00 on November 5, 2014, the victim D entered the house to repair the said house; (b) the victim D changed into the house to repair the said house; and (c) the victim’s chest by hand was pushed down two times.

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