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(영문) 부산지방법원 2016.06.16 2015고정3866
건조물침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the E representative director of the corporation in Busan Metropolitan Government D Building, and F and G have leased the above building A, B, 6,7 floors from the Defendant and substantially operated the HNA. The I is the representative in the name of the above HNA.

1. Around March 6, 2015, the Defendant infringed on a structure: (a) caused F, etc. to go out of the above Heart club on the ground that F, and G did not fully pay the Defendant the lease deposit for the Heart club; and (b) infringed upon F and G, for the purpose of interfering with their business, on the structure occupied and managed by F and G.

2. The Defendant: (a) obstructed the operation of the complainant’s age club by force by prohibiting the complainant from having access to the said club on the said date and at the above place; (b) thereby obstructing the complainant’s operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording of a witness F's statement in the second public trial records;

1. The recording of each of the witness G and J in the third public trial records;

1. The witness I and the K's respective legal statements;

1. Statement made to I by the police;

1. CCTV image data and photographs;

1. Investigation report (Attachment of a detailed statement to handle cases reported 112), investigation report (Attachment of a criminal investigation report by a police officer dispatched to a 112 report);

1. Business registration certificate, business permission, certified copy of corporate registry, and certified copy of building registry;

1. Application of Acts and subordinate statutes on a contract for the lease of a Heart club and a contract for the sub-lease of a Heart club;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (a point of intrusion on a structure), Article 314 (1) of the Criminal Act (a point of interference with business), and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel stated in the facts charged in order to receive the lease deposit and monthly rent from F and G because the defendant had not received proper payment from F and G.

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