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(영문) 울산지방법원 2014.07.24 2014고정957
건조물침입
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of the Co., Ltd., applied for GW general industrial complex development project at the Ulsan-gun Dil-gun, Ulsan Metropolitan City.

On August 19, 2013, at around 14:00, the Defendant came into the Ulsan-gun E community hall of Ulsan-gun, Ulsan-do, and opened the entrance door on the grounds of the perusal of the above industrial complex plan and holding a joint briefing session, and intruded into the above community hall.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of the police protocol of statement to F;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act concerning the relevant criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant alleged that there was no intention to commit a crime of intrusion on the defendant and defense counsel's assertion of provisional payment order under Article 334 (1) of the Criminal Procedure Act. However, according to the evidence presented, a considerable number of residents took the position of opposing the development plan, thus, the head of this Chapter F who manages the community center was notified that he would not hold an explanatory meeting, and for this reason, he was aware of this fact, and the defendant was also aware of this fact. Thus, even if other residents obtained the consent of G, who is the former president of the community center, the defendant's intent to intrude on the structure is recognized, and even if G obtained the consent of G, who is the former president of the community center, the crime is not dismissed unless G is the manager of the above center.

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