beta
(영문) 춘천지방법원 2018.02.14 2016고정619

건조물침입등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 9, 2017, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution at the Seoul Central District Court on February 9, 2017 and the judgment became final and conclusive on August 30, 2017.

The defendant is the representative of the "B" corporation, and the defendant is the representative of the D Co., Ltd. and the representative director E of the D Co., Ltd. has a dispute with respect to the ownership of four buildings constructed in Yangwon-gun C, Gangwon-gu, and is a person in a civil procedure as to whether

1. On September 2, 2016, the Defendant intruded a structure, entering four Dongs owned by the victim D Co., Ltd. located in Gangwon-gu Yang-gun C without the consent of the victim D Co., Ltd. on September 2, 2016.

By allowing the construction of the group to proceed, the building managed by the victim was invaded.

2. The Defendant damaged property by allowing F to remove the tree doors installed in three households of the above building at the time and place under the preceding paragraph, and thereby destroying approximately KRW 3,600,000 in the market price owned by the victim D Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police for E;

1. Court rulings (2 times a year), entire certificates of registered matters, and photographs and estimates of evidence;

1. Previous records: Application of three copies of the previous judgment and one copy of the screen of the inquiry into the consolidated case (related to the fixed date);

1. Relevant legal provisions of the Criminal Act, Articles 319(1), 34(1) (the occupation of intrusion on buildings and the choice of fines) of the Criminal Act concerning criminal facts, and Articles 366 and 34(1) (the occupation of property damage and the selection of fines) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant was sentenced to a judgment confirming that the name of the owner of each building of this case is the defendant, and entered the building of this case.