(영문) 인천지방법원 2013.09.27 2013고정1322

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(영문) 인천지방법원 2013.09.27 2013고정1322

건조물침입등

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Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who engages in construction business.

The 1st floor cement brick building (the total floor area of 49.5 square meters) on the ground of Incheon reinforced C building is a mountain site in which the victim D(the victim 60 years old) was living and managing from that time with the consent of the use of this Chapter around 2000, which was abolished for the past visitors.

On May 21, 201, the defendant, with the consent of the victim, thought that the victim unilaterally decided the victim's access to the building around May 21, 201.

1. On July 201, 201, the Defendant: (a) dismantled one lock device installed by the victim at the entrance of the building at the above building (around 70,000 won reported by the victim); and (b) intruded the building managed by the victim through the window of the above building.

2. On September 201, 201, the Defendant: (a) dismantled one set of locking device installed by the victim (around KRW 30,000 on the victim’s reported price) from the above building on the entrance and exit of the above building; (b) went into the building and damaged the building; and (c) invaded the building managed by the victim.

3. The Defendant kept one of the two keys owned by the victim parked around the above building (around 1.5 million won of reported price).

On May 21, 2011, the Defendant: (a) the victim prevented access to the said building; (b) demanded the Defendant to change the key to the said compact drive at around that time; (c) however, he embezzled the said key by refusing to return it with the intent of acquisition.

4. From May 201 to December 201, 201, the Defendant arbitrarily used a large amount of the market value, which is a part of gas generated in the LPG gas transport owned by the victim and kept around the building, from May 201 to May 201, and stolen the said building by using the amount equivalent to the upper amount of the electricity market value connected to the said building.

Summary of Evidence

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유사 판례

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