건조물침입
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On November 30, 2018, between 23:50 and 00:10 on December 1, 2018, the Defendant intruded into the office of the victim C (Nam, 42 years of age) located on the fourth floor of Yangcheon-gu Seoul Metropolitan Government (Seoul, 42 years of age) by an influence method.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement regarding C;
1. Application of simple statements, on-site photographs, ctv video photographic Acts and subordinate statutes in the preparation of D;
1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that the Defendant’s act did not go against the presumption intention of the resident or manager, but did not harm the victim’s actual peace and peace. The Defendant’s act did not go against the presumption intention of the resident or manager.
However, the following circumstances can be acknowledged by the evidence: ① the Defendant did not enter the ceiling of the corridor of the instant building, but did not enter the ceiling of the victim’s office, and found about five minutes around the victim’s office, and ② the Defendant did not obtain prior consent from the victim, and the victim was under dispute between the Defendant and the head of the post-care center on the fifth floor of the instant building and prevented access to the fourth floor office (in the investigation record, 31 pages), and it is difficult to view that the victim implicitly consented or consented to the Defendant’s intrusion into the fourth floor office (in the investigation record, 31 pages). ③ In light of all circumstances such as the victim’s and his employees mislead the Defendant as the Defendant and reporting to the police, it was de facto peace against the fourth floor office of the instant building.