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Reasons
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(영문) 전주지방법원 정읍지원 2019.10.17 2019고정47
건조물침입
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 3, 2018, the Defendant: (a) around December 3, 2018, the victim C, installed in a new fright farm located in B, located in the former Northern Zone B, was leased and managed by the Defendant; (b) opened the entrance locks of the above container stuff, and intruded into the container stuff.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Each police statement of E and C;

1. A certificate;

1. Evidence photographs (the entrance of the container);

1. Judgment on the defendant's assertion of lease contract copy

1. The gist of the claim is that the Defendant waivers his right to possess containers or was understood by the victim, while the Defendant applied for the suspension of electricity by communicating the victim before deducting the goods.

The aquaculture is a legitimate act because it can prepare for the following year by reducing water in winter.

2. In light of the following circumstances acknowledged by each evidence that completed legitimate examination of evidence, namely, the Defendant had been discussed as to the termination of the lease agreement in 2019 with C, and the contract was not terminated due to disputes over the acquisition price, etc., and E, a partner of C, was using a container, and the correction device was clearly used and managed, and the Defendant removed the locks of the container and stored the container in the container, it is recognized that the Defendant invaded upon the Defendant’s residence and does not constitute a justifiable act.

Application of Statutes

1. Relevant Article 319 of the Criminal Act concerning facts constituting an offense and Article 319 of the Selection of Punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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