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(영문) 부산지방법원 2015.08.12 2015고정745

건조물침입

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

From May 18, 1993, the Defendant leased five stores located in the 1st floor of the victim D, E, and F located in Busan-gu, Busan-gu, and operated the G'G's mutual store.

On December 31, 2007, when a fire occurred in the above commercial building owned by the victims, the Defendant: (a) entered the locks of the store located adjacent to his own store on January 2008 after opening the locks of the store; (b) operated the business of the household store at the above store until July 2014; and (c) invaded the victims’ structures.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Investigation report (on-site investigation and attachment of site photographs), investigation report (the relative investigation of neighboring residents);

1. On-site photographs (the defendant and his defense counsel moved to the commercial building of this case inevitably in order to prevent damage due to fire on or around December 31, 2007, and they knew of the victim's use of the store for about seven years since the victim was well aware of the victim's use of the store for the above seven years, and thus, the defendant asserts that the crime of intrusion upon the building is not established since he used the store in accordance with the victim's explicit or implied consent. However, according to the above evidence, such as witness D and H's testimony, the defendant did not notify the victims in advance and did not notify the victims of the moving of the store after the fire. The defendant did not inform the victim of the moving of the store after the moving of the store, and even if D's receipt of a request for withdrawal from the store was made on or around May 2014, the defendant's assertion and the defense counsel's consent cannot be accepted.)

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of a penalty;