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(영문) 울산지방법원 2012.10.24 2012고정623
건조물침입
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who is not a worker belonging to Hyundai Motor Co., Ltd. or its partner company, and served as a deputy secretary-general of the Korea Metal Trade Union C branch in which workers belonging to the Hyundai Motor Co., Ltd. are admitted.

around 08:00 on November 15, 2010, the Defendant did not go through normal procedures such as obtaining access certificates, etc. from the victim Hyundai Motor Co., Ltd. to the Ulsan Factory located in Ulsan-dong 700, Ulsan-dong, 700, and entered the above factory in a way that workers who can enter the above factory by using the gaps of large number of people entering the above factory during the time period to work enter the factory, and live in the C branch office located in the above factory.

On February 8, 2011, the Defendant was notified of eviction on February 2, 201 by the head of the Hyundai Motor Security Operation Team, and did not comply with the second notice of eviction on February 9, 2011. On February 10, 2011, the Defendant went to the relevant Ulsan Factory upon request for the third eviction around 08:00 and went to the said Ulsan Factory.

Ultimately, the Defendant intruded into a modern automobile Ulsan factory, which is a structure managed by Hyundai Motor Corporation from around 08:0 on November 15, 201 to around 08:00 on February 10, 2011.

2. The crime of intrusion upon a building is established when entering the building against the will of the manager of the building and the defendant is against the will of the manager, and the criminal intent can be recognized.

However, the following circumstances acknowledged by evidence are: (a) the Defendant accompanied with D or E, a full-time executive officer of the modern automobile trade union at the time of entering the victim Hyundai Motor Co., Ltd. (hereinafter “victim Co., Ltd.”) at the time indicated in the facts charged; (b) entering the said full-time trade union along with the executive officer of the said full-time trade union; and (c) entering the vehicle or stove with the vehicle or stoves in front of the sentiments; and (d) the

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