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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.07.19 2017노419
건조물침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the victim was properly awarded a successful bid for the instant commercial building, and the victim’s possession of the instant commercial building was commenced by installing locks at the entrance and correcting them. Thus, the victim’s infringement of the structure should be recognized against the Defendant who was illegally entering the instant commercial building thereafter.

Nevertheless, the judgment of the court below which acquitted the defendant.

2. In light of the circumstances properly explained by the lower court, the lower court’s determination is just and acceptable, and there was an error of misunderstanding the facts alleged by the prosecutor, as alleged by the prosecutor, in light of the following: (a) the victim, prior to being awarded a successful bid for the instant commercial building, had occupied the instant commercial building through the Defendant, who was his employee; and (b) the victim, even without being handed over the instant commercial building through lawful procedures, such as an order for delivery of real estate, etc.; and (c) the victim took possession of the instant commercial building without being handed over the commercial building.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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