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(영문) 인천지방법원 부천지원 2018.07.12 2017고단1749

건조물침입

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At present, the defendant's representative director, the victim F is the representative of the "E", and the victim F is the representative of the "Seoul-gu Seoul Special Metropolitan City Reconstruction Association" (hereinafter referred to as the "Building Association of this case"), and the reconstruction work is suspended due to the issue of payment of construction cost while the reconstruction work was being performed under a contract for the reconstruction project of the above G G-type around September 2006, and is currently under civil litigation for the payment of construction cost between the parties.

On March 20, 2017, the Defendant heard the novels that the members of the said G G reconstruction association changed part of the building at the said G reconstruction site in order to promote a reconstruction contract with another construction company, and then destroyed and damaged the entrance locks at the above G reconstruction site (hereinafter “the instant site”) around March 20, 2017.

Accordingly, the defendant invadedd the building managed by the victim F without the consent of the victim.

[Defendant and defense counsel asserted that the defendant's access to the reconstruction association of this case after obtaining permission and prior understanding from the reconstruction association of this case does not meet the elements of the crime of intrusion upon residence, since there is no intention of intrusion on residence.

However, according to the evidence duly adopted and examined by this court, the reconstruction project of this case was interrupted for a long time due to the following circumstances, ① payment of construction expenses at the time, etc., and the reconstruction association of this case expressed its intent to propose a contract in E operated by the defendant, and E was under dispute between the defendant and the reconstruction association of this case, including filing a claim for settlement of accounts against the said reconstruction association, and filing a civil lawsuit, and ② the defendant was under general charge of the reconstruction association of this case.

H (B) has sought the consent of I)

However, H did not have the authority to permit or consent to access the site of this case at the time of this case, and H submitted by the Defendant.