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(영문) 춘천지방법원 2018.02.08 2017고정292
건조물침입등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won per day.

Reasons

Punishment of the crime

On August 21, 2014, the Defendant leased the building located in Hongcheon-gun, Hongcheon-gun, (hereinafter “instant building”) to the victims D Management D (E), and the victim is the lessee who has occupied and used the instant building as the office of the KAB from the date of the lease.

On August 6, 2014, the Defendant concluded a sales contract to sell real estate located in Hongcheon-gun F in the vicinity of the instant building to the victim, and received the down payment of KRW 10 million from the damaged party. However, on March 16, 2015, the said real estate had gone through a conflict with the victim regarding the transfer of ownership to another person through voluntary auction on March 16, 2015.

In addition, the defendant had two shocks in the building of this case, which are stored in the building of this case, and approximately 10 customers visited in order to purchase the mushroom growing machine, the defendant was unable to avoid any disturbance, such as the number of shocks by inserting two shocks in large interest and inserting two shocks by inserting them.

Accordingly, the Defendant interfered with the business of the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and D;

1. Application of Acts and subordinate statutes to the investigation report (the assertion of a witness H related to interference with the duties), investigation report (the assertion of interference with the duties), investigation report (the counter-verification of a police officer in charge of the dispatch of the site), investigation report (on-site confirmation and the counter-investigation of the staff of the complainant), photographs of damage from shocks, real estate lease contract, and detailed statement of 112 reported cases;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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. On April 20, 2016, the Defendant: (a) removed the entrance door of the first floor of the instant building, which is corrected by an influence method, from the front floor of the instant building; and (b) removed the entrance door.

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