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(영문) 대구지방법원 경주지원 2018.02.21 2016고정297
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

[Presumption Facts] Defendant A was in possession and management of part of H factory building located in G at the time of racing, Defendant B was awarded a successful bid for the above factory building under the name of the director of the in-house director of the International Institute for the Settlement of Disputes, and Defendant K was in possession and management of part of the above factory building based on the lien or the right of lease from the same standpoint as Defendant A.

The above factory building is attached to three buildings in the order of A Dong, C Dong, B, and there are two different structures in the order of Dong, Dong, Dong, Dong, Dong, and Dong.

Defendant

B, after successful bid, filed an application for an order of delivery of racing support L real estate with respect to the victim who was occupying the right of retention after the successful bid, but it was dismissed on September 10, 2015 on the ground that the victim's right of retention is recognized.

[Criminal facts]

1. Joint crimes committed by the Defendants

A. The Defendants, on September 15, 2015 (the fifth day after the order to deliver the pertinent real estate was dismissed), entered the building C Dong of the factory that the injured person occupied and managed by the lien or the right of lease without obtaining the victim’s permission, and jointly intruded into the building B managed by the victim. As examined below, Defendant A is a lien and has the right of access to the building B of the factory as the owner of the right of retention.

According to this, it is judged that the nature of the crime of intrusion of a structure depends on whether the defendants invaded C with C, so the crime is revised according to such judgment criteria.

B. On the same day, the Defendants, as above, have been posted to the above B Dong, C Dong, office Dong, etc. [the defendants contact the factory head M (victim M), N (victim Handphone), the attorney-at-law in charge of law as attorney-at-law in the office of law, the factory visitors to the above B Dong, C Dong, office Dong, etc.] to the effect that the injured person is exercising the right of retention as above.

Defendant B takes the lead in hearing.

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