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(영문) 서울서부지방법원 2018.10.18 2018고단2625
건조물침입
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Criminal facts

In July 2014, the Defendant tried to interview B with B during a divorce lawsuit, while having sought ways to reach an agreement after having filed a complaint due to the crime of confinement, etc. from C, but B refused to communicate with the Defendant and did not receive contact, B entered the office inside the D office in which B is in his/her service.

1. On April 9, 2018, around 16:00 on April 16, 2018, the Defendant intruded into a structure managed by the victim D by taking advantage of the open cresh, the entrance door of the D office located on the 15th floor, Yongsan-gu, Seoul, Yongsan-gu, Seoul, where only the employees under his/her jurisdiction came to know the access permit, and only the employees under his/her jurisdiction came to enter the D office with access to the 15th floor.

2. On April 20, 2018, around April 20, 2018, the Defendant invadedd a structure managed by the victim D by entering the building inside the B’s office in the same manner as that described in paragraph (1) around April 17:12, 2018.

3. On April 23, 2018, the Defendant intruded on a structure, which was managed by the victim D, by entering the building inside the B’s office in the same manner as that described in paragraph (1) around April 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of three parts of the investigation report (verification of CCTV images in a victim company), closure photographs, etc.;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 319 (1) of the Criminal Act (Selection of a penalty);

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

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

1. Provisional Payment Order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act [unfair circumstances] The fact that even after reporting to the police, it appears that the crime has been repeated and the mental impulse received by B seems not to be small (or favorable circumstances] his mistake exceeds a fine.

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