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(영문) 부산지방법원 2018.12.21 2018고정1566

건조물침입

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 00:00 on July 4, 2018, the Defendant: (a) entered the Busan-gu Busan-gu 105 building (hereinafter “the instant condominium”) managed by the victim B, a security guard; (b) and (c) entered the instant condominium (hereinafter “the instant condominium”). The facts are as follows: (a) found in the house of the Defendant, who resides in the instant condominium 112, and sought access to D against D’s will while taking the inheritance issue; (b) as such, the Defendant was willing to obtain consent from D; (c) entered the front corridor of the front door of the instant condominium 112; and (d) intruded into the instant condominium, which is a structure managed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of Acts and subordinate statutes on internal investigation reports, each photograph/cinematographic output, and the table of 112 reported case processing;

1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Article 319 of the choice of punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.