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(영문) 의정부지방법원 고양지원 2019.02.15 2018고정930
주거침입등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is one of the co-owners of land C in Gyeyang-gu, Gyeyang-gu. Since around 2015, the victim C installed a container on the land and used it as a residence with the permission of the Defendant, and sold seeds to the persons related to the weekend farm, etc. after the formation of a vinyl house, and paid a certain amount of fee to the Defendant.

1. On February 22, 2018, the Defendant: (a) unilaterally notified the victim as text messages that he/she would remove the relevant container, etc. by February 28, 2018 on the ground that the Defendant was selling and selling the pent-type, etc. in which the victim resided while selling the pent-type, etc.; (b) requested the victim to remove the container, etc. by February 28, 2018; (c) on March 2, 2018, the Defendant unilaterally requested the victim to transfer the pent-type, etc. to another place without the victim’s permission; and (d) let the said human body intruded into the pent-type, etc., and transferred the said container stuff and the plastic house to another place without the victim’s permission.

Accordingly, the defendant infringed upon another person's residence.

2. In the time and place specified in paragraph (1), the Defendant damaged the marketable property by putting the container installed to operate the weekend farm into a factory yard located in D in PPP by using cargo vehicles. The Defendant destroyed or damaged clothes, cryp, electric cryp and cryp and cryp, electric cryp and cryp and cryp in containers.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Protocol of inspection by this Court;

1. Copy, etc. of a content certificate;

1. Application of each statute on photographs;

1. Relevant Article 319(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the crime;

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

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

1. The order of provisional payment;

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