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(영문) 수원지방법원 안양지원 2015.05.21 2015고단251
건조물침입
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

During Ansan-si, the Defendant died while serving in D Co., Ltd., located in No. 1032 of the former C Building 1032, from June 25, 2012 to May 2014, and the victim E is the representative director of the said company.

1. On May 10, 2014, the Defendant committed the crime: (a) around 06:00 on May 10, 2014, the victim removed the sealing place attached to the main entrance and server room of the company in his/her hand in order to prevent the Defendant from entering the office of the said D Co., Ltd.; and (b) invaded the structure managed by the victim.

2. On September 11, 2014, the Defendant: (a) opened the entrance door at the same place as the preceding paragraph at around 08:00 on September 11, 2014 without the victim’s permission; and (b) intruded into the structures managed by the victim, such as using computers used by the company accounting staff at the office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. A copy of all the registered matters of the D Co., Ltd. (2)

1. Application of Acts and subordinate statutes, such as a photograph (No. 4) taken by a suspect into action inside the company on May 10, 2014, a photograph (No. 6) taken out by the suspect out of the company on May 10, 2014, a photograph (No. 8) taken out by the suspect on September 11, 2014, and a photograph (No. 13) taken out of the seals installed by the suspect on the entrance of the company.

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and the crime of this case committed by the Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not only once but also twice or twice, and the nature of the crime is not weak. The victim is not doubtful that “the Defendant has leaked business secrets.” In the judgment before the trial, the Defendant is able to be able to reverse the spirit by serving the sentence different from the outer part, as it is different from the outer part.

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