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(영문) 의정부지방법원 2018.08.22 2018고정279
방실침입
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

D as the owner of the 6th floor of the E building in Namyang-si, Namyang-si, the Defendant leased the said 6th floor from D, and operates the F in the trade name of “F” from July 20, 2015.

D Since November 201, since the relationship between the victim G and the claim and the obligation, the part R7 out of the sixth floor of the above building was agreed to be used by the injured party. Accordingly, the defendant leased only the rest of the part other than the above R7 and managed the announced party.

D, however, in order to bring profits from the lease of the room possessed by the victim to another person due to the difficulty of financial circumstances such as commencement of auction on the above building, it was called to the defendant on March 2, 2017, by telephoneing the room to the above room, and then to lease the room to the other person.

Accordingly, on March 21, 2017, the Defendant carried out the victim's animals out of the room after following the visit, which was locking the key by the above public notice board around the o'clock.

Accordingly, the defendant invadedd the room possessed by the victim according to D's teacher.

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Each legal statement of witness G and D;

1. Application of the Acts and subordinate statutes governing the closure photographs of the victim's room and the storage of the victim's things;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (see, e.g., the fact that the victim was not permanently residing in the room of this case; the defendant committed the crime of this case according to D’s instructions; the victim’s agreement with the victim does not want the punishment of the defendant; and there is no record of criminal punishment against the defendant)

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