logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.05.18 2016고정956
건조물침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was involved in part of the factory construction work of the headquarters C, a victim corporation located in Ulsan-gun B.

D As the representative director of the above factory, he has not received part of the construction price from the MT City Co., Ltd. which is the pre-owner of the above factory.

It is argued in the state of argument.

1. On January 22, 2015, the Defendant invadedd a structure by entering the victim’s structure into the factory, namely, that the Defendant would exercise the right of retention for the said construction cost, and that Defendant would have exercised the right of retention for the said construction cost.

2. From 07:30 to 08:15 on the same day, the Defendant obstructed the operation of the victim’s factory by force for about 45 minutes to prevent the victim from obstructing the victim’s employees from attending work and from performing their duties by claiming the right of retention, claiming the number of employees working in the above factory, claiming the right of retention, leaving the entrance of the victim’s factory with vehicles, leaving the office, etc.

3. The Defendant damaged property at the same time and at the same place, the market price was damaged by displaying “in the course of exercising the right of retention” on the 14th century, such as the building building, entrance, glass hold, office building, etc. owned by the victim.

Summary of Evidence

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

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing crimes;

1. Relevant legal provisions of the Criminal Act, Articles 319(1) (Influence of buildings), 314(1) (influence of business), 366 (influence of business), and the choice of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow