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(영문) 서울중앙지방법원 2014.02.19 2013고정2313
건조물침입등
Text

The defendant shall be innocent.

Reasons

1. The Defendant permitted the use of his vinyl located in Seocho-gu Seoul Metropolitan Government D to the victim E, and the victim accepted and used the said vinyl house owned by the Defendant. A.

On May 1, 2012, the Defendant, at around 14:00 on May 1, 2012, intruded into a structure by tearing the rear part of the said vinyl house on the ground that the victim was not a vinyl in the said vinyl house under the control of the victim.

B. The Defendant, while intrusioning on a vinyl, destroyed the back part of the vinyl by tearing the vinyl, thereby damaging the property at the market price.

2. Determination

A. The Defendant asserted that the Defendant, on January 201, 201, allowed Eul to temporarily store part of the instant vinyl, and did not consent to exclusively use the entire vinyl of the instant case. The Defendant, while entering the date on which the instant vinyl was recorded in the facts charged, did not tear the vinyl covered by E.

B. 1) In order to find the Defendant guilty of the instant facts charged, the evidence submitted by the Prosecutor revealed that the Defendant entered the instant vinyl at the time indicated in the instant facts charged, and that E was in the management of the instant vinyl by permitting the exclusive use of the instant vinyl to E. Accordingly, the Defendant’s respective statements at the police station, E’s police station and this court, F’s statements and photographs, etc., first of all, as to the Defendant’s statements at the police station, and each police interrogation protocol against the Defendant cannot be used as evidence, since the Defendant denies its contents in this court.

3 The following police officers of E:

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