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(영문) 서울중앙지방법원 2014.03.28 2014고정357

주거침입교사등

Text

Defendant

A A shall be punished by a fine of KRW 2.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of D Co., Ltd., a corporation that installs steel framed structure in Yecheon-gu, Ocheon-si, and Defendant B is the employee of the above company.

1. At around 08:00 on December 3, 2013, Defendant A instructed Defendant A to cut the sn beam beam columns entering the above parking lot and constructed in D on the ground that Defendant A did not receive construction cost even after installing the sn beam columns in the victim F’s housing parking lot located in Gangnam-gu Seoul Metropolitan Government, Seoul, Defendant A’s office.

Accordingly, on December 3, 2013, at around 09:00, Defendant B entered the victim’s housing site manager in the parking lot in spite of the removal of the victim’s housing site manager, Defendant B damaged the victim’s property by entering the victim’s housing site into the parking lot, and cutting the sn beam pole in the market value which is installed therein using the snick sn beam pole.

As a result, Defendant A instigated Defendant B to avoid committing a crime of intrusion on residence and damage to property.

2. Defendant B: (a) around 09:00 on December 3, 2013, according to Defendant A’s teacher, entered the victim’s residential premises into the victim’s parking lot, despite the control of the manager at the parking lot construction site; (b) infringed on the victim’s residential premises; and (c) cut the sn beam beam pole at the market price installed therein using an oxygen cutting machine, thereby damaging the victim’s property.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation (including submission of site photographs, etc. by a complainant);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 319(1), 31(a), 366, and 31(a) of the Criminal Act; Articles 366 and 31 of the Criminal Act; the choice of fines

B. Defendant B: Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act (the point of causing the destruction of property), and the choice of each fine

1. Defendants among concurrent crimes: the Defendants.