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(영문) 의정부지방법원 고양지원 2015.10.16 2015고정470
건조물침입
Text

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

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

Reasons

Punishment of the crime

On November 19, 2014, around 03:09, the Defendant entered a low-one illness rehabilitation treatment room at the 41st floor of the Sinsan-dong-gu Seoul Metropolitan City C Victim D's Hospital, and went to the patient's clothes, and divers inside the above treatment room from around 08:14 on the same day, and infringed upon the victim's 41 illness and rehabilitation treatment room at the low-income hospital at the victim's hospital.

Summary of Evidence

1. Statement of the police statement of E;

1. On-site photographs;

1. Investigation report (D Hospital CCTV) [The defendant and his defense counsel argued that there was no criminal intent to intrude a structure. However, according to the evidence duly adopted by this court, the court held that the rehabilitation treatment room that the defendant entered was not a space for diving, that the actual patient clothes were brought about at will, and that there was no circumstance to deem that the defendant had consented to diving in the rehabilitation treatment room, and accordingly, even if the defendant went to sleep for his own purpose, the defendant's assertion that there was a criminal intent to intrude a structure against the will of the manager. Thus, the defendant's assertion cannot be accepted.]

1. Article 319 (1) of the Criminal Act applicable to the crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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