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(영문) 서울중앙지방법원 2016.04.05 2015고정4404
주거침입등
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

The Defendant is a person who engages in retail business of fishery products in B market, and the victim C is a person who engages in auction business in B market.

1. On October 19, 2015, the Defendant infringed upon a residence by finding out the entrance door in the fishery market located in Dongjak-gu Seoul Metropolitan Government D and the office used by the victim of the fishery market located in Dongjak-gu, Seoul at the place of business, lodging and lodging, and opening the entrance door in the office, reporting the Defendant’s entrance, and blocking the Defendant from entering the office, but entering the office.

2. The Defendant who damaged property has been in a dispute with the victim on the same date and at the same place as the above 1 paragraph (1) as a civil litigation issue.

The market was damaged by the destruction of the car in which the brupted can be seen as one time, thereby undermining the utility of the car.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the selection of fines for negligence;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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