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(영문) 울산지방법원 2016.09.02 2016고정661

건조물침입등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Victim C(58 years of age, women) is a person who is engaged in artificial fisheries under the trade name of “D.”

The victim was liable to the defendant.

At around 04:10 on May 28, 2014, the Defendant: (a) found the structure used as the office of the victim in Ulsan-gun E, Ulsan-gun, to be reimbursed for the obligation of the victim; (b) reported that the victim was divingd by shock waves; and (c) intruded with the window which was opened without the consent of the victim.

B. The Defendant, at the same time and place as the above “A”, committed assault to the victim, i.e., the victim, who was divingd at a shock wave, such as “mathing money,” and felling the victim’s neck.

Summary of Evidence

1. The defendant's legal statement (as to the defendant's entering a structure)

1. C’s legal statement;

1. Each protocol of examination of the police officer's suspect against the defendant (including the C substitute statement);

1. Statement to C by the police;

1. Each written statement (C) (A) states that there is no assault, but the victim's statement in the investigative agency and this court, which correspond to the facts charged, is consistent and specific as well as consistent with the prevailing circumstances and the credibility of the statement is high (a copy victim was issued and submitted to the investigative agency at the point of one month after the date of the occurrence of the case). In light of the relationship between the defendant and the victim who was under police investigation by filing a complaint corresponding to each other at the time, it is difficult to see that the victim's statement above is false merely because

, 피고인은 ‘우연히 피해자가 그의 사무실에 잠들어 있는 것을 발견하고는 피해자의 사무실에 들어가 피해자 옆에 갔더니 피해자가 잠을 깼고, 그 상황에서 피해자와 사이에 돈을 갚으라고 내용의 대화를 10여 분간 하고 피해자의 사무실을 나왔다’고 주장하나, 이러한 주장은 피고인과 피해자의 이 사건 이전부터의 관계,...