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(영문) 광주지방법원 순천지원 2018.05.31 2017고단2708
특수건조물침입등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 2015, the Defendant violated a special structure: (a) introduced the victim D, a real estate brokerage company, C, a real estate brokerage company; and (b) invested 500 million won in connection with the instant complex implementation project at the victim’s request; (c) however, after the investment, the victim was able to avoid contact with the Defendant.

On January 5, 2017, at around 12:30 on January 12:30, 2017, the Defendant came to the C Office that is managed by the injured party under the building 303 in Jung-gu Seoul, Jung-gu, Seoul, and caused the above C Office, and caused two entrances of the above office to be intruded with the damages, which are dangerous objects by taking advantage of the gaps.

Accordingly, the Defendant infringed upon a structure managed by the injured person by carrying dangerous things.

2. The Defendant damaged a special property by breaking the Victim C (hereinafter “victim”) office at the same date, time, and at the same place as set forth in paragraph 1 as above, and destroying 4, 2, 1, 2, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2,

Accordingly, the Defendant carried a dangerous article, thereby damaging the property owned by the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to accusation and documentary evidence photographs;

1. Articles 320, 319 (1), 369 (1), and 366 of the Criminal Act concerning facts constituting an offense;

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 62 (1) of the Criminal Act on the suspension of execution (The confession, reflectment, agreement, the fact that there is no military force, the circumstances leading to the commission of a crime, etc.);

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