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(영문) 의정부지방법원 2019.09.05 2019고정645

건조물침입

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant living in adjoining neighbors due to the victim B's appearance, and is not good for the problem of normal parking and water supply use.

At around 17:30 on December 30, 2018, the Defendant invadedd the structure managed by the victim by entering the Dacar to which it is impossible to enter the victim's operation Dacar in Yangju-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. CCTV CDs (the defendant and his defense counsel had the victim's understanding or presumed consent to access, the defendant's act is a justifiable act in light of the victim's intent, means, and degree of damage, etc. However, the following circumstances acknowledged by evidence duly adopted and investigated by this court, namely, the defendant's family and the victim's family and the victim's family members were not good for land boundary and parking problems. At the time of the instant case, there was a fighting signboard between the defendant's his/her his/her father and the victim's family and the victim's family, the defendant's body was located in the place where the outside person's access is not allowed in light of the victim's structure, etc. In fact, it is difficult to view that the defendant's police officer who received the victim's request from the victim's defense counsel's access was not legitimate in light of the defendant's family and the defendant's family and the victim's family's family's family's family's right to access. Furthermore, the defendant's motive or the defendant's defense is not legitimate.

1. Criminal facts;