건조물침입등
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the 1, 2, and 1, 1, 1, 2, and 2, and the victim C is the lessee of the above structure.
1. On April 13, 2016, the Defendant invadedd a structure: (a) 1 Dong, Seoyang-gu, Seoyang-gu, Seoyang-gu; (b) 2 Dong, Goyang-gu; and (c) 2 Dong entered the said structure with a view to removing the kitchen and the boundary walls of a hole during the interior works.
Accordingly, the defendant invadeds on the building managed by others.
2. The Defendant damaged property at the date and place indicated in paragraph 1, and removed the boundary walls of an amount equivalent to KRW 1,580,000 for the construction cost he stockpiled during the interior work.
Accordingly, the defendant damaged another person's property.
Summary of Evidence
1. Statement by some police suspects of the defendant;
1. Statement made by the police against C;
1. Submission of materials and reference materials, including on-site photographs, materials to be submitted by the complainants, and estimates;
1. In an investigation report (the telephone investigation) and an investigation report (the answer to the inquiry of the Si/Gun/Gu office), [the crime of intrusion on a structure is a legal interest to protect the de facto peace state of the structure. Thus, whether there is a legal authority to accept the structure, etc. does not depend on the establishment of a crime. Even if an illegal possession is conducted under private law, if the owner intrudes on the structure without following due procedures to exclude it (see Supreme Court Decision 20068967, Apr. 27, 2007, etc.). Even if the lease contract for the above structure was terminated by proof of the contents of the defendant on March 22, 2016, the court adopted the building lawfully and investigated by the evidence, namely, the victim occupied the above structure by arbitrarily installing boundary walls and walls installed in the kitchen, around April 3, 2016, the victim occupied the above structure. < Amended by Act No. 14216, Apr. 16, 2016>