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Reasons
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(영문) 인천지방법원 2014.12.19 2014고정3256
건조물침입
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who manages the office of a general meeting of shareholders of E classification in Gyeyang-gu, Incheon (D, E) and the first floor (D, E).

On August 1, 2012, the Defendant entered into a lease contract with the victim F on the condition that the victim would receive KRW 1 million every month from the victim on a six-month lease period from August 11, 2012.

Despite the expiration of the lease contract term as stipulated by the Defendant until February 10, 2014, the Defendant pointed out the Defendant’s eligibility as a lessor and took an attitude of reservation as to whether to re-contract the Defendant, and agreed to enter the said office and remove the office equipment of the victim from outside, and to prevent the victim from entering the said office.

Around February 18, 2014, the Defendant said that the key to the above office was needed to verify whether or not there was a correction device of the entire commercial office office, and received the key from G to the above office. On February 21, 2014, around 09:00, the Defendant entered the above office and replaced the entrance door of the above office in order to prevent the victim from entering the above office by taking back the gate and the chair used by the victim, such as the consignee and chair.

Accordingly, the defendant invadedd the above office which is a structure against the victim's will.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F and G’s each legal statement, and the witness H’s partial statement in court;

1. Application of Acts and subordinate statutes on office use contracts;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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