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Reasons
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(영문) 수원지방법원 성남지원 2013.05.31 2013고정554
건조물침입
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The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant entered the instant 302 main entrance through the front door, which was opened by the Defendant, even though the Defendant requested the Defendant to refrain from entering the said 302 on the ground that the victim did not complete the construction work within the agreed period at around 10:00 on June 13, 2012, the Defendant, who entered the instant 302 main entrance and intruded the victim’s structure.

Summary of Evidence

1. Partial statement of the defendant;

1. C and each prosecutor's protocol of examination of the accused;

1. C and each police suspect interrogation protocol against the defendant (including the part of the defendant's statement in the third protocol against C);

1. The police statement of the defendant;

1. A complaint;

1. The application of Acts and subordinate statutes on investigation report (to hear statements from the Chief of the F Office of the Ethy test, to hear witness G phone statements);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. The Defendant’s assertion of the Defendant’s penalty of KRW 300,000, to be suspended from sentence, asserts that the Defendant entered the C’s office to complete the construction by being awarded a contract with C, and that the Defendant’s act constitutes a justifiable act that does not violate social rules.

In light of the above evidence, it is acknowledged that the defendant's act was not a crime, or the defendant's act constitutes a justifiable act that does not violate the social rules, since the defendant's act constitutes a case where the defendant's act was mistaken for not being a crime, or it is difficult to view that it does not violate the social rules.

Therefore, the defendant's assertion.

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