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(영문) 인천지방법원 부천지원 2015.04.23 2014고정1453

건조물침입

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 19, 2014, at around 13:00, the Defendant: (a) brought up the victim D’s warehouse located in Seocheon-gu, Seocheon-si C with a view to bringing about the cultivation of domestic plants, which are owned by the Defendant, in the warehouse; (b) cut the stack part of the corrective device, which is closed with fixing it as a steel shed, and opened it and intrudes on the structure of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. On-site photographs and text message photographs (the defendant and his defense counsel asserted that they were entering the warehouse of this case under the consent or understanding of the victim D, but according to the evidence above, the defendant may be found to have entered the warehouse of this case without the consent or understanding of the victim. (In particular, according to the evidence records 69, 70, 71 of this case, the defendant sent the defendant with an issue message stating that "on July 20, 2014, around July 20, 2014, the day following the date when the defendant intrudes into the warehouse of this case, the victim will know that "on-sites and other products without any contact that the defendant will have any wrong thing with another product," and according to the above acknowledged facts, it is difficult to deem that the victim understood or consented to bring the defendant to the warehouse of this case.

[2] Application of the Act

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.