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(영문) 의정부지방법원 고양지원 2019.05.02 2019고정18
건조물침입
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the B employee of the Bank of Korea.

In around 2016, the Dispute Resolution Co., Ltd. entered into a contract with the Dispute Resolution Co., Ltd. and carried out the construction work. Since 2017, the Corporation ceased to exist and entered into the construction work with construction materials, and the victim's Dispute Resolution Co., Ltd. had been in charge of the management and expenses of the said construction site during that period.

On September 13:10, 2018, the Defendant opened the lower entrance doors installed for the sake of security without the consent of the victim in order to bring them into the construction materials, such as the V and spug, which are kept in the construction site of the F.S. F. F., managed by the victim, at the construction site of the F.S., the Defendant intruded without permission.

2. In the judgment of the court, the term "building" does not simply refer to a building itself nor includes a summary of the building itself;

In order to be a summary, it should be clearly revealed that the manager of the surrounding land was provided for the use of the building by installing a door and fence on the boundary of the outside.

(See Supreme Court Decision 2003Do6133 Decided June 10, 2004, etc.). In this case, the Defendant entered the construction site of this case into the lower part of the pents, which was set up at the D new construction site of Pakistan (hereinafter “instant construction site”) and entered the construction site of this case.

However, in full view of the following facts and circumstances revealed by the evidence duly adopted and examined by the court, the construction site of this case does not constitute an object of the crime of intrusion on a structure or its summary.

① According to the testimony of the complainant G at the construction site of this case, at the time the Defendant entered the instant construction site, the construction site of this case was partially sn beamed on the site of the sn beam, and the existing construction site was in the state of two container stuffs that the Plaintiff brought about while doing construction at the construction site of this case.

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