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(영문) 의정부지방법원 2018.05.31 2017고정2445
건조물침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On May 24, 2017, the Defendant infringed the said victim’s D operation “E” on May 24, 2017, in order to confirm the class of the student, and to take photographs necessary for the preliminary injunction against the non-commercial activity, the Defendant violated the said teaching school without permission.

Summary of Evidence

1. Legal statement of the witness D;

1. A witness's statement;

1. 112 Report Processing List (the Defendant only visited the private teaching institute operated by the victim to deliver the source collection receipt required by the victim at the time of the instant case, and therefore, there was no intention to intrude into the structure.

The argument is asserted.

However, the circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., ① the Defendant, the president of a private teaching institute, was deemed not necessary to directly visit the private teaching institute of the victimized person in order to deliver the original collection receipt to the victim who had worked as the instructor before the Plaintiff (the victim requested the Defendant to contact the employee of the private teaching institute by telephone and send the original collection receipt by e-mail).

(2) At the time of the instant case, the Defendant: (a) visited the victim at the time of the instant case and opened a lecture room at the time of the instant case; (b) opened the lecture room at the time of the instant case; and (c) taken photographs against the students who were in attendance without complying with the victim’s withdrawal request even after delivering the original collection receipt; and (c) the Defendant was asked at the investigative agency that, before visiting the victim’s private teaching institute at the time of the instant case, the victim took care of the students who were enrolled in the private teaching institute operated by the Defendant.

(4) In full view of the fact that a student, who was taking lessons at a victim’s private teaching institute at the time of the instant case, has filed a 112 report on the ground that he/she voluntarily affixed his/her photograph to a lecture room by entering the other private teaching institute, and that he/she “the head of another private teaching institute voluntarily affixed his/her photograph

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