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The defendant shall disclose the summary of the judgment of innocence against the defendant.
Reasons
1. On April 9, 201, the Defendant: (a) opened a store located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant store”); and (b) opened a house, such as TV and sedi, owned by the victim; and (c) occupied the said store, thereby impairing the structure of the victim’s management.
2. Determination of facts charged
A. The summary of the Defendant’s assertion 1) The Defendant concluded a lease agreement with E, the owner of the instant store, and lawfully acquired possession of the instant store, and thus there is no intention to gain access to the structure. (2) The crime of entering the structure requires that the building be intruded into the structure managed by the “other person”. Thus, it is difficult to view that C manages the instant store, thereby constituting the elements of the establishment.
B. The following facts are acknowledged according to each entry of the certified transcript of the factual relations (not more than three pages of the investigation record), each statement of statement (Evidence Nos. 3, 10), the police interrogation protocol and the investigation report (Listening to the statement of the witness E) against the accused:
1) Around 2005, G, as the owner of the D Apartment Underground 2 store in Seoan-gu, Seoan-gu, Seocheon-gu, the said store was leased from E, the owner of the instant store, on the condition that the said store is rent of KRW 200,000 per month, on the condition that the said store is rent of KRW 200,000 per month, and used the instant store for the purpose of the accommodation, etc. of the leg site by July 6, 2010, without paying only the rent for the first year from that time. (ii) After that, G and its wife committed suicide around July 6, 2010, the instant store was almost left unattended. The Defendant requested to lease the instant store to E, the owner of the instant building, on or around March 2011, for the purpose of using it as a warehouse, and accordingly, the Defendant leased the instant store to E, the owner of the instant building.
4. around 9.9. A lease agreement on the store of this case was concluded.
3. The defendant's store in this case with the consent of E.