건조물침입등
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person who owns a building site B B 80 square meters and a building owner C, and the victim D is a person who leases the above building from January 31, 2005 to operate a consignment with the trade name of “E”.
At around 18:00 on May 1, 2018, the Defendant: (a) invadedd the structure that the victim occupied and managed by entering the consignment room through the entrance open for the purpose of cutting presses on the inner wall of the E-gu E-gu E-gu, Sacheon-si; and (b) invaded the structure that the victim occupied and managed.
B. On the ground that the above building should be purchased and sold and removed at the same time and place as the preceding paragraph, the Defendant obstructed the victim’s consignment room business by force by selling and selling 20 times marcules from the inner wall of the consignment with red presses, thereby obstructing the victim’s consignment room business by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. On-site photographs [the crime of intrusion upon a building is classified as a legal interest protected by the law, so whether the dwelling person or guard has the right to reside in the building, etc., or not shall not depend upon the formation of the crime, and even if the possession of the person without the right to possess is the possession of the building, peace of the dwelling should be protected. Thus, in the event the right holder intrudes on the building, etc. without following the procedure prescribed by the Act, the crime of intrusion upon the building is established (see, e.g., Supreme Court Decisions 82Do1363, Mar. 8, 1983; 2006Do3137, Jul. 27, 2007; 2009Do14370, Jul. 22, 2010). Thus, even if D does not have the right to possess the building, the crime of intrusion upon the defendant is established.]
1. Relevant Article 319(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 31 of the Criminal Act, and Article 31 of the Criminal Act, respectively, concerning criminal facts;