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(영문) 수원지방법원 안산지원 2017.09.01 2017고정28
건조물침입
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case: (a) around 15:00 on June 18, 2015, the Defendant entered the victim C with E Company around the end of July 2015 (see, e.g., C’s legal statement); and (b) at the time of June 18, 2015, C managed the instant building or E Company’s office.

There is no evidence to see.

In the 8th floor of Ansan-si, Ansan-si (hereinafter “the building of this case”), the victim's structure was invaded by the E-company office with corridor No. 802 without permission for visits or by passing through the security system without permission for visits from other employees.

2. The gist of the Defendant and the defense counsel’s assertion did not know that the visit card was required at the time of entering the instant building, and there was no criminal intent to commit an intrusion on the building without permission. The Defendant did not have received any restraint from anyone of the victim company at the time of entering the office of E Co., Ltd. (hereinafter “victim Co., Ltd.”) for business, and therefore, did not have any act of entering the building against the will of the manager.

shall not be deemed to exist.

3. Determination

A. An act of entering a structure is deemed to constitute a crime of intrusion on the structure, if the act was committed contrary to the explicit or presumed intent of the manager of the structure. In such cases, the actor must be aware that his/her act goes against such intent of the manager (see, e.g., Supreme Court Decisions 2013Do4299, Feb. 13, 2014; 90Do755, Jul. 10, 1990). B. According to the evidence duly adopted and duly examined by the court, the Defendant was working as a member of the “F” (the trade name appears to be changed to “G”), while working as a member of the victim’s office located in the instant building 802, Jun. 15, 2015.

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