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(영문) 청주지방법원 충주지원 2016.12.23 2016고단365
주거침입등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. Around 11:00 on October 3, 2015, the Defendant entering a residential village in front of the E multi-household household managed by the victim D in Chungcheongnam-si, Chungcheongnam-si. In order to remove the gas valve of the said house, the Defendant intruded into the following parts of the building with urban gas pipelines via the first floor parking lot.

2. The Defendant: (a) removed and stolen gas pipeline valves in the market price, which is the market owner owned by another victim, from the date and place described in paragraph (1); and (b) at the time and place of the victim’s surveillance.

3. The Defendant interfered with the business of leasing the victim’s building by force, such as removal of a valve of urban gas as described in paragraph (2), in order to resist the victim’s payment of the construction cost at the date, place, and place described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. General building ledgers and all the registered matters;

1. Application of Acts and subordinate statutes to investigation reports (attached photographs, etc.);

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 314(1) of the Criminal Act, and Article 314(1) of the Criminal Act, the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant and his/her defense counsel may claim provisional payment order.

1. As to the crime of intrusion upon residence, the Defendant and the defense counsel concluded a gas facility contract with F to conclude a construction contract of the building as stated in Paragraph (1) of the judgment of the Defendant (hereinafter “instant building”) with the victim. Under the above contract, the victim should be deemed to have allowed the Defendant to enter the said building, and the victim did not explicitly allow the Defendant to enter the said building, thereby not establishing a crime of intrusion upon residence.

However, prior to the instant case, the Defendant installs locks in the gas valves of the victim.

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