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(영문) 창원지방법원 밀양지원 2019.07.04 2019고정58
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, while operating B, performed a construction project under a subcontract from D, a contractor of the building that was newly built in Pyang-si in Pyang-si around 2015, but did not receive the construction cost from the contractor, and the Defendant occupied the construction site from June to August 8, 2015, and claimed the lien while occupying the construction site for the said new construction project, and the victim E-cooperative acquired the ownership by being awarded a successful bid for the public sale of the land around May 15, 2018.

1. Around 06:07 on June 3, 2018, the Defendant: (a) entered the construction site of the building; (b) discovered the removal of the banner installed in his/her prior to the construction site; and (c) entered the steel fence installed outside the construction site to re-establish the banner; and (d) continuously entering the construction site of the new building in an inside the construction site; and (b) continued to intrude the building managed by the victim.

2. Around 08:00 on June 3, 2018, the Defendant destroyed property owned by the victim by removing more than 10 iron fences equivalent to a total market value of KRW 1,000,000, installed outside the construction site to install containers without permission at the construction site.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. Each report on lien;

1. Application of Acts and subordinate statutes to photographs of visual images of on-site photographs (Presentation of Victims), and CCTV at the construction site of the E-association;

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;

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