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(영문) 수원지방법원 2019.08.12 2018고정746
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

1. Around 08:00 on December 25, 2017, the Defendant invaded a structure under the victim’s control by having the victim enter the construction site of “D” officetel E-dong, which was constructed by the victim C, the said construction site, and installed a gate in the outer upper part of the instant construction site, despite the knowledge that the Defendant was not entitled to enter the said construction site.

2. The Defendant interfered with the work, at the time and place set forth in paragraph 1, installed fences around the construction site, and installed automobiles and containers at the entrance of the construction site so that vehicles required for construction could not enter the construction site, thereby obstructing the victim F and the victim G construction work by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each statement about C and F in the second protocol of the trial;

1. A written statement (including attached documents);

1. Application of Acts and subordinate statutes to each field photograph, field map, land lease contract, full certificate of each registered matter, full certificate of H decision of the Suwon District Court, photographs of containers and parking vehicles installed by a suspect, and copies of standard subcontract agreement;

1. Relevant Articles 319 (1) and 34 (1) of the Criminal Act concerning the facts constituting an offense, and Article 314 (1) of the Criminal Act (a point of interference with business);

1. Articles 40 and 50 of the Criminal Act concerning the crime of interference with business among the ordinary concurrent crimes;

1. Selection of each alternative fine for punishment;

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. The assertion;

A. At the time with respect to paragraph 1, the figures are divided into the following parts of the E-dong building through the first floor pen (parking lot) located in the officetel E-Dong (hereinafter “E-Dong”), as indicated in the holding.

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