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(영문) 대전지방법원 공주지원 2016.07.01 2016고정25
건조물침입
Text

The defendant shall be innocent.

Reasons

1. On December 4, 2014, at around 20:07, the Defendant: (a) was in the E-care center operated by the Victim D in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do; and (b) took advantage of the gaps between both the victim, teachers, and employees, to find out data to clarify the irregularities in relation to the operation of the child care center by the victim; (c) opened a gate as the key in which it is ordinarily used; and (d) entered the office and the head office, and intrudes on the structure managed by the victim.

2. According to the records, the fact that the defendant entered the above child-care center office around December 4, 2014 is recognized.

However, in full view of the following circumstances, it is insufficient to readily conclude that the Defendant, who is allowed to enter a usual meeting alone, entered the above childcare center office for the purpose of finding materials to clarify the misconduct related to the operation of the childcare center, and intrudes against the victim’s explicit or presumed intent, and there is no other evidence to acknowledge it otherwise.

① In light of the fact that all infant care teachers, including the Defendant, had the cards that can cancel the compacts for child care centers, they would have been able to have access to the above child care center even at night. On December 4, 2014, the Defendant cancelled the normal compacts around 20:07 and went into the above child care center, and did not use abnormal methods or routes.

In addition, the above office was used as the office space of all infant care teachers including the victim, who is the president, so the defendant was allowed to have access to the office.

It is reasonable to view it.

② At the investigative agency, G and H first go to the Gun office at 5 p.m., and the Gun office at the Gun office at the later time, A (Defendant) and C (F) and the pots were going to the Gun office.

A A A, a person in charge of the military administration, he/she recorded.

In order to look at the file, fluents shall be fluent, and referring to the "data".

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