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(영문) 광주지방법원 순천지원 2013.05.31 2012고정972
건조물침입
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is the owner of the C Sang-si, and the victim D is the lien holder who applied for the payment order on June 6, 2008 with the report of the lien on commercial buildings as it did not receive the construction cost amounting to KRW 230,00,000, even though the construction work for C Sang-si was conducted, and it was final and conclusive on June 6, 2008.

On March 11, 2011, the Defendant, at around 10:00, posted the banner, “the victim is exercising the right of retention,” to the commercial building, opened a corrected entrance of the commercial building, and went into that door to intrude the building in possession of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A copy of payment order;

1. A certified copy of the register;

1. A copy of the standard contract for private construction works;

1. A copy of the lien report;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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