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(영문) 서울동부지방법원 2019.07.26 2018고정436
모욕등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2018 after July 18, 2017, at least 18:30 on July 7, 2017, the Defendant made a public insult of the victim by publicly insulting the victim on the ground that the victim asserted the victim D’s unauthorized possession of the building B in Gwangjin-gu Seoul Special Metropolitan City, and resisted the victim to take a cell phone shooting on the ground that the victim resisted the victim, such as the police officer, etc. of the victim, who called the victim as “whether the student will be appointed or not”

[2018 High Court Decision 1198]

1. On May 30, 2017, the Defendant: (a) acquired the ownership of B apartment house No. 3 in the name of A; (b) on May 30, 2017, the victim D, who resided in the said apartment house, refused to do so; and (c) on June 29, 2017, the Defendant entered into a lease agreement with F on June 29, 2017 with the victim.

A defendant and F, despite the victim's refusal of the victim's evacuation, were invited to enter the above subparagraph C without permission, and F, at around 14:00 on July 7, 2017, the victim's market price established in the above subparagraph C door was 500,000 won by the defendant's instruction, the victim's door locks installed in the above subparagraph C door were removed from the victim's name-free key repairer.

Accordingly, the defendant, in collusion with F, damaged the victim's property.

2. Although the Defendant acquired ownership of the above subparagraph C as stated in paragraph (1), the Defendant conspired with F, G, and H to refuse to offer an order for the above subparagraph C, F, G, and H arbitrarily entered the above subparagraph C’s ward through the entrance of the time and timelight as stated in paragraph (1), and the Defendant entered the above subparagraph C’s ward in the same manner as at around 17:30 of the same day.

Accordingly, the defendant invadedd the building managed by the victim jointly with F, G, and H.

On the date of the 10th trial, the prosecutor charged the charge of violation of the Punishment of Violences, etc. Act (joint residence intrusion) premised on the victim residing in the above subparagraph C at the time of the instant case.

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