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(영문) 수원지방법원 2016.11.24 2016고정2548

건조물침입등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the charge of larceny is acquitted.

Reasons

Punishment of the crime

At around 15:30 on July 21, 2016, the Defendant was indicted by the Prosecutor as having infringed on the Defendant’s construction site B’s construction site C office in Young-gu, Young-gu, Suwon-gu, B, with a view to bringing about the Defendant’s tools. However, the Defendant appears to have entered the warehouse to bring about the victim’s D’s property, and there is insufficient proof as to the Defendant’s intentional or unlawful acquisition of the property, as seen below. As such, the Defendant did not have any obstacle to the Defendant’s exercise of the Defendant’s right to defense. Accordingly, according to the photographs attached to the written statement on a wall, the Defendant was recognized to have gone beyond the door made at the entrance of the warehouse at the entrance of the warehouse, and thus, the “the wall” as stated in the facts charged was intruded by getting out of the door “the door.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the draft 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. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the suspended sentence of sentence of the Criminal Act: (a) the Defendant retired from the construction site of the instant case due to fireation with the head of the D team, etc. on the day of the instant construction site; (b) the Defendant visited the construction site of the instant case with a construction section owned by the Defendant who was under custody in the instant warehouse; (c) although the password of the locks installed in the instant warehouse was changed while the head of D team did not inform the Defendant of the password, the Defendant entered the instant warehouse with the Defendant’s construction section on his own, going beyond the door of the bridge and going into the instant warehouse, and there was no other penal force other than sentenced to a fine of KRW 1 million due to drunk driving.