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(영문) 서울중앙지방법원 2014.11.26 2014고정3507
주거침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a transfer of D Co., Ltd. (hereinafter referred to as "D") that runs a building lease business.

D leased No. 207 of the F building 207 in Gwanak-gu in Seoul Special Metropolitan City to victims E for six months from June 29, 2013 to December 28, 2013.

1. Around 10:00 on February 25, 2014, the Defendant: (a) was in front of the F building 207; (b) on the ground that the victim did not put the house in place despite the expiration of the contract period; (c) was arbitrarily removed a locker locking device installed by the victim; and (d) arbitrarily removed the victim’s clothes, bags, and furnitures, etc. from the victim’s house to the warehouse managed by the said company on the ground that the victim did not break in the house despite the expiration of the contract period.

2. At the same time and place as Paragraph 1, the Defendant, as seen above, opened a locked door and opened the said door by using the cres without the victim, and intruded upon the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. E statements;

1. Application of Acts and subordinate statutes, such as a report on generation, short-term use contract for real estate facilities, notice of disposal, full certificate of registered matters, contract and notice;

1. Articles 319 (1) and 366 of the Criminal Act applicable to the relevant criminal facts;

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

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

1. The Defendant and the defense counsel regarding the assertion of the grounds for the rejection of illegality of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the special terms and conditions of the contract for short-term use of real estate facilities concluded between E and D since the Defendant entering and leaving E’s residence as stated in the facts charged are the same as that of the contract for short-term use of real estate facilities concluded between E

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