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(영문) 대구지방법원 2018.05.04 2018고정54

건조물침입

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 2, 2017, around 12:00, the Defendant: (a) opened a new door and opened it into the underground room of “E commercial building” managed by the victim D in Daegu-gu, Daegu-gu, and infringed upon the structure by photographing the dust.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Each protocol of the police interrogation of the accused (including F part of the statement);

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

1. Application of each statute on photographs;

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

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. The underground room in which the defendant entered for the reason of sentencing under Article 59(1) of the Criminal Act of the suspended sentence is a shelter for the public record.

At the time of the instant case, waste materials, etc. were left alone, and the entrance was not set up.

In a civil suit filed against the defendant's mother by asserting damage caused by water leakage, if the defendant had not submitted a photograph, the victim was unaware of the entry of the defendant into the underground room.

It is not so significant that the defendant actually infringes on the peace of underground room.

I seem to appear.

In consideration of these circumstances, a sentence shall be suspended.