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(영문) 수원지방법원 평택지원 2016.08.10 2016고단180
건조물침입등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is the former lessee of Pyeongtaek-si C building 601, and the victim D (45 years, south) is the new lessee of the said C building 601, who manages the said building for the purpose of interior works, etc.

On May 21, 2015, at around 13:26, the Defendant opened an entrance by using the card key, which had not been returned to the owner of the building even after the lease contract was terminated, and intruded into the building managed by the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal testimony of witness D;

1. A protocol concerning the examination of the accused by the prosecution (including D statements);

1. Each police investigation report;

1. Application of CCTV image photograph Acts and subordinate statutes;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. Of the facts charged in the instant case, the summary of the facts charged is as follows: “Around May 21, 2015, the Defendant destroyed the victim’s property by hiding the partitions with tin-to-kicking materials from around 601 (hereinafter “instant office”) of the said C building on May 21, 2015, and with tin-to-kicking materials in an irregular manner, thereby damaging the victim’s property.

“” is:

2. We examine the judgment, and the burden of proving the facts charged in a criminal trial is the prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient to have a judge prove that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is any doubt as to the defendant's guilt, it is inevitable to determine it as the benefit of the defendant (see Supreme Court Decisions 2000Do1568, Jul. 28, 2000; 200Do4946, Feb. 9, 2001; 2005Do4737, Feb. 24, 2006, etc.). The evidence of the facts charged in the instant case is admissible as evidence.

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