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(영문) 대구지방법원 2016.02.18 2015고단2417
건조물침입등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 2014, when around 21:00, the Defendant intruded into the instant housing promotion center, the victim’s NF regional housing association’s employees and partnership-related persons were retired, using the fact that he/she had contracted with the security company, and released the security system installed therein, and then entered the said housing promotion center through the entrance, and intruded the victim’s structure.

2. From the date mentioned in paragraph (1) to June 8, 2015, the Defendant obstructed the solicitation and publicity of the victims by force by changing the key of the said housing publicity center in the said place, as described in paragraph (1), and occupying the said structure, thereby preventing the said victims’ agent employees and partnership-related persons from entering the said structure.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G and H’s respective legal statements, and the witness I’s partial legal statements;

1. Part of the statement in each police interrogation protocol against the defendant or J (including part of the statement inG);

1. Statement made by the police in relation to G;

1. Determination as to the assertion by the Defendant and the defense counsel as to on-site photographs, business agency contracts, system security applications, documents prepared in the astronomical market-pre-paid notice on expiration of the retention period for a temporary building, certified copy of K registry, certified copy of the standard construction contract, three copies of the standard construction contract, each photograph, each investigation report (Evidence No. 24, 28-31)

1. The gist of the claim is that the Defendant entered the above house publicity center in order to exercise the right of retention on the claims against the victim association of the said K and L Co., Ltd. (the representative director, the victim association, the execution of the contract on vicarious execution), M Co., Ltd. (hereinafter “K”), and the victim association unilaterally terminated the contract around January 2014.

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