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Reasons
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(영문) 울산지방법원 2014.03.13 2013고정1344
건조물침입
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual owner of a multi-household (GGG) construction built in Ulsan Northern-gu C.

1. On November 23, 2012, the defendant made the victim D as a preserved right to the claim for the construction cost during the time of a fire, and the same year.

7. 1. From around 1., since the victim exercised the right of retention on the above house and performed the suspended construction even though he was in possession, the victim damaged the entrance which was closed by using the watch, and intruded into the above structure.

2) The Defendant intruded the victim on the ground that the victim exercised the right of retention and carried out the construction of the building in possession, as described in paragraph (1) at the time of fire on December 13, 2012.

3. At around 14:50 on December 18, 198 of the same year, the Defendant: (a) ordered the victim to enter the site site E, Changho Building Business Operator F, Unfash G, and building equipment business operator H who is not well aware of the fact that the victim is exercising the right of retention, and (b) did not know about whether it is irrelevant to the exercise of the right of retention; and (c) caused the victim to intrude into the building in which the right of retention is exercised.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. E, F,

G. Each police interrogation protocol regarding H

1. A contract agreement on construction works, and a standard subcontract agreement;

1. On-site photographs and on-site photographs of the exercise of the right of retention (Evidence No. 51);

1. Investigation report ( telephone conversations between the I representative J);

1. Application of statutes governing judgment;

1. Article 319 (1) of the Criminal Act (the point of intrusion on a structure and the selection of a fine), Articles 319 (1), 34 (1), and 31 (1) of the Criminal Act (the point of intrusion on a structure and the selection of a fine) concerning the facts constituting an offense;

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

1. Articles 70 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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