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(영문) 광주지방법원 2016.09.09 2016고단2371
주거침입
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. When Defendant A was a victim E, which was located in Sungsung-gun, Southern-gun, 2013, the Defendant received a request from a public official B of the Sungsung-gun Office, who was aware of the cause of the inundation of the building, to verify whether the water tank leakage was the rooftop, and then intruded the victim’s structure that the entrance was not corrected on the rooftop.

2. Defendant B, who is a public official of the Sungsung-gun Office, collected evidence that the cause of water leakage under the ground of the building was not due to nearby water supply works performed by the Sung-gun Office, in March 2016, Defendant B went into the entrance of the first floor door of the victim’s building to intrude into the victim’s structure.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement made to the defendant in each protocol concerning the suspect interrogation of the police;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

1. Article 319 of the Criminal Act and Article 319 of the same Act and the selection of fines for criminal facts

1. Punishment to suspend the sentence (the Defendants’ respective fines of 300,000 won);

1. Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act, each of the Defendants’ detention in the workhouse;

1. The judgment as to the defendants' assertion under Article 59 (1) of the Criminal Code (the defendants Eul is the first crime, the defendant Eul is only the criminal record of a fine due to drinking alcohol; the defendant Eul is the chief military officer of the Sungsung-gun and the injured person's civil procedure; the defendant Eul enters the building owned by the defendant as part of his/her duties in the course of performing the civil procedure; the defendant Gap enters the building to find the causes of leakage of the above building according to the defendant Eul's order; and the defendants are against the law).

1. The assertion that Defendant A entered the building in order to search for the causes of leakage of the building opened for the victim under the direction of Defendant B, who is a public official of the Armed Forces, under the execution of the water supply and sewerage repair contract in the Armed Forces.

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