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(영문) 수원지방법원 2018.05.11 2018고정330
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (joint residential intrusion) Defendant A is the representative director of the E-company that is in charge of the sales of the above apartment house with D ground when he/she owns one asset trust, and Defendant B is the representative director of G, which is the subcontractor of the company F, a company that is the executor of the above apartment house construction and sales business.

The Defendants conspired to occupy the above apartment house 102 101 dong 101 in order to receive the commission for sale in lots and the construction cost from the above F, and, around July 28, 2017, around 17:30, the names of those who had been engaged in construction work in the above 101 left out, and entered into the above gate by using the gaps.

Accordingly, the Defendants jointly intruded with the above apartment house 102 Dong 101, which is a structure managed by the injured person.

2. Violation of the Punishment of Violences, etc. Act (damage to joint property);

A. The Defendants conspired to occupy the above 101 heading room for the foregoing reasons at the time and place specified in paragraph 1, and for this purpose, the Defendants removed and destroyed the fish fall owned by the above victim, which was attached to the 17:30 heading door on the same day.

B. The Defendants replaced the fishing village in the manner described in the above A., and found that the damaged person described in paragraph 1 of around 19:00 on the same day replaced the fishing village that the Defendants replaced by another one, and removed the fishing village owned by the victim and destroyed the fishing village.

As a result, the Defendants jointly destroyed 2 out of the market price owned by the victim.

Summary of Evidence

1. Each legal statement by the Defendants (as at the second public trial date);

1. Statement made to H and I by the police;

1. The accusation of H;

1. Application of police investigation reports (investigation of data submitted by one asset trust I for a victim) Acts and subordinate statutes;

1. Article 2 subparag. 1 of the Punishment of Violences, etc. Act and Article 319 of the Criminal Act concerning the crime.

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