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Reasons
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(영문) 대전지방법원 2013.09.26 2013고정1095
권리행사방해
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A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 10, 2012, the Defendant: (a) removed a warning to the effect that “any person who does not have access to the rent and the replacement cost of facilities until he/she was returned” attached by the victim from the Emi-gu office leased and operated by the said store; (b) opened a corrected entrance door and intruded on the said store.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol concerning the examination of suspect against each of the accused by the prosecution (including the D substitute part);

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the written complaint and the real estate lease contract, warning, and entrance and exit photographs of the E-U.S. room appended thereto;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Judgment on the assertion by the defendant and several defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is that the victim, as the tenant of the above store, was liable to restore the duty to the defendant, who is the lessor due to the termination of the lease contract, committed an illegal act, such as attaching a warning to the entrance door and not notifying the entrance electronic key number, etc.

2. Determination

A. The protected legal interest in the crime of intrusion of residence is the de facto peace of the residence that people who reside in the dwelling in question enjoy, and whether residents or visitors have the legal authority to reside in the building, etc. does not affect the establishment of the crime, and even if the private illegal possession is carried out, it does not affect the establishment of the crime.

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