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(영문) 인천지방법원 2016.04.22 2015고정3256

건조물침입

Text

Defendant

A shall be punished by a fine of 50,000 won, and a fine of 300,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a head of the office of the C attorney-at-law office, who is employed by the owner of the building in relation to the sponsing lawsuit against the victim corporation D and the building owner in Nam-gu Incheon Metropolitan City E (hereinafter referred to as the “instant building”). Defendant B is a person who substantially manages the instant building with the small father of the said building owner. The victim company is a person who leases and occupies the first floor of the instant building from October 1, 2014.

When the Defendants filed an application for disposition against the victim to the Incheon District Court, but ordered the court to prove possession, the Defendants conspired to enter the victim’s room in the instant building to photograph the victim’s room in order to prove this.

On June 12, 2015, at around 12:40, the Defendants infringed the repair hole and photographor of the first floor of the instant building without permission of the victim company by releasing the correction device of the store entrance operated by the victim company and shooting the dust inside the house.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A complaint filed by D Co., Ltd.;

1. Statement made by the police with regard to F;

1. Application of a copy of the amended Act of Incheon District Court;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 319(1) and 319(1)30 of the Criminal Act; and the choice of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act