(영문) 광주지방법원 2017.10.13 2017고단2610

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(영문) 광주지방법원 2017.10.13 2017고단2610

건조물침입등

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 24, 2016, the defendant, as the victim in the Dong-gu, was dismissed from office at the special meeting for the dismissal of executive officers called the representative of the victim's present president D on May 24, 2016.

From January 4, 2008, the injured party association leased No. 303 of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd apartment building in Gwangju Dong-gu (hereinafter “the office of this case”) to the office for rent of KRW 100 million. However, from November 25, 2016 to February 19, 2017, the attorney F, appointed to act as a performance agent for the president of the association, installed a corrective device in the office of this case and managed the office of this case in the state of closing the office of this case. On February 20, 2017, the office of this case was delivered to D who was elected as the head of the 3rd unit of the association of this case.

D maintained the correction devices of the instant office, and transferred the office of the victim association to Gwangju Dong-gu G and the second floor.

1. On March 1, 2017, the Defendant: (a) removed two locking devices in an amount equivalent to KRW 98,000 in the market price owned by the victim association established at the instant office, where the victim association manages the instant office in an empty state; and (b) destroyed them.

2. On March 16, 2017, at around 14:00, the Defendant established “I” by arbitrarily intrusioning the victim’s association at the instant office without being informed of or obtaining permission from the victim’s association.

Accordingly, the Defendant invadedd the instant office managed by the victim association.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes governing manual locking devices, estimates, and field photographs newly installed by A;

1. Relevant Article 366 of the Criminal Act, Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

참조조문

유사 판례

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