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(영문) 대전지방법원 2017.11.21 2017고정781

건조물침입

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From October 5, 2016 to November 19, 2016, the Defendant conducted one-person demonstration with the intent of opposing the outcome of wage negotiations between labor and management on the taxi corporations in the Daejeon Metropolitan City in front of the E-mail managed by the victim D in Seo-gu Daejeon, Seo-gu, Daejeon.

In order to go ahead of the E’s door, the Defendant, a place of one person’s demonstration, passed from F Party to E in the direction of F Party and E Party, through the direction connected to F Party and E Party, and Ma Party passes into E Party, and one person’s demonstration was conducted by putting a ticket and explaining the contents of the demonstration, and the victim and E’s facility management employees were demanded several times to stop one person’s demonstration within E.

Nevertheless, when the defendant continued to visit E, the victim closed the door connected to the FMa party and E party, as the victim took part in one person demonstration against the civil petitioners who visited E.

On November 8, 2016, the Defendant entered the Fma Party located in Seo-gu Daejeon, Seo-gu, Daejeon to E in order to conduct one person demonstration against the civil petitioners who visited E by intrusioning into E. On November 9, 2016. On November 11:25, 2016, the Defendant intruded into E in excess of the fence and proceeded with the first person demonstration again in excess of the fence. On November 11:30, 2016, around November 11:1:13, 2016, around November 13, 2016, and around November 11, 2013, 201: < Amended by Presidential Decree No. 27577, Nov. 14, 2016>

Accordingly, the defendant invadedd the victim D and the structure managed by the victim about five times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made by the prosecution with regard to H and I;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photograph the CCTV screen to the same;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting a crime and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.