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(영문) 서울중앙지방법원 2017.09.14 2017고정1955

건조물침입

Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a secretary for a justice party D Council member, and Defendant B is a reporter for the E media sector.

In order to confirm whether the Defendants used part of the 1st floor of the Gangnam-gu Seoul Central Government Library as an office in the Internet media “G” to produce fake news, the Defendants concluded that the Defendants entered the said 1st floor as if they were to rent part of the 1st floor of the above Ba, through the broker of the real estate brokerage office in the vicinity of the place.

On February 8, 2017, at around 12:30, the Defendants conspired to borrow the Fund from the Gangnam-gu Seoul Metropolitan Government F lending, and through I operating H real estate, the Defendants opened the victim J on the 1st floor of the above J, thereby infringing upon the structures managed by the said victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to J or K;

1. Each police statement of J, L and I;

1. Police seizure records and list of seizure;

1. Application of each police investigation reporting statute;

1. Article 319 (1) and Article 310 of the Criminal Act and the choice of a fine for a crime, Article 319 of the same Act, and the selection of a fine for a crime;

2. A fine of one million won to be suspended; and

3. Article 70 (1) and Article 69 (2) of the Criminal Act (100,000 won per day) shall be confined in a workhouse.

4. Article 59(1) of the Suspension of Pronouncement of Sentence (a) of the Criminal Act (absent circumstances, such as the fact that the commission of the crime and the mistake are written in depth, there are some circumstances to be taken into account in terms of the motive and circumstances of the crime, the Defendants’ primary offender, the Defendants’ family members and supporters desire to leave the ship, and the Defendants would not be subject to re-offending even if they did not sentence the sentence to the Defendants, taking into account the favorable circumstances, such as the fact that the circumstances before the opening would be remarkably expected