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(영문) 서울서부지방법원 2015.11.27 2015고정1577

건조물침입등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. From around 09:00 on July 30, 2015 to around 17:00 on the same day, the Defendant: (a) opened the above restaurant entrance in a civil lawsuit at Seodaemun-gu Seoul, Seodaemun-gu, and the second floor D general restaurant with the second floor D, and opened without the victim’s permission, and intruded into the victim’s building, such as the victim’s lessee who was under custody in a restaurant, by arbitrarily moving the entrance door to another place, and without the victim’s permission, under Article 15, 15, 15, 15, 8, 30, etc.

2. On July 31, 2015, from around 09:00 to around 17:00 on the same day, the Defendant: (a) removed three signboards in an amount equivalent to KRW 5,500,00 at the market price of the above victim’s possession, which are attached to the outer wall of the above restaurant; and (b) two short number and 2 of the market price in an amount equivalent to KRW 9,500,000 at the second floor and outside the entrance of the second floor; and

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. A consignment management contract;

1. Application of Acts and subordinate statutes to photographs and site photographs before removal;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;