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(영문) 수원지방법원 2016.09.08 2015고정2413

건조물침입등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the business of developing and utilizing groundwater.

1. On December 12, 2014, the Defendant attempted to borrow money by threatening the victim G (47 years old and female) to close the factory without any means and method of payment of the construction cost that the F did not pay, on the ground that the Defendant did not receive KRW 143,400,000, the amount of groundwater construction work contracted with F in the office of “E” located in “E” located in “F” in “E” in 2009. In addition, the Defendant attempted to do so by threatening the government offices and the press to inform the government offices and the press of the purport that “I will close the door.” However, the Defendant failed to comply with it and attempted to commit an attempted act without having to comply with it.”

2. On March 5, 2013, around 15:25, the Defendant obstructed the slaughter of the above factory by exercising authority, such as “The Defendant, within the “E” factory located in Ma in Ma in Ma in Sungsung-si, was unable to receive the construction cost as referred to in paragraph (1) of the said Article, by means of force, i.e., “within the factory entrance to prevent any vehicle from entering the factory without giving money.”

3. Around 15:00 on March 5, 2013, the Defendant intruded into “E” without permission for cutting the power-driven vessel, as prescribed in paragraph (2) above, with a view to cutting the power-driven vessel, as in paragraph (2) above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Each police statement made to G and I;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 352 of the Criminal Act, Articles 350(1) (a) and Article 314(1) (a) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines for a 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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the charge that one of the gists of the allegations has attempted to proceed, the Defendant.