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(영문) 의정부지방법원 고양지원 2014.07.11 2013고단2002

주거침입등

Text

Defendant shall be punished by a fine of 3,000,000.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a difference between the wife D(23 years old) of the victim C and the online game.

1. Crimes of intrusion upon residence;

A. At around 16:00 on July 23, 2012, the Defendant: (a) went into the house against the victim’s will to talk with the victim’s wife within the victim’s home; (b) and (c) intruded the victim’s wife by not later than 08:30 on the following day.

B. At around 17:30 on July 19, 2012, the Defendant invaded upon the victim’s residence against the victim’s will, by entering the house in order to visit the victim’s wife within the said victim’s house and staying not later than 11:00 on the following day.

2. Around July 19, 2012, the Defendant: (a) committed assault on the part of the said victim’s house, such as: (b) finding the victim’s wife in order to take care of the victim’s wife in front of the said victim’s house; and (c) making the victim and knee in drinking and kneeing the victim’s wife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutor C prepared;

1. Application of Acts and subordinate statutes to the F Statements;

1. Relevant Article 319(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act, the choice of fines for the crime;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order enter the victim’s residence against the victim’s will who is likely to be livered, and assault the victim’s spouse, etc. even though there were the victim’s spouse, and delayed the criminal justice procedure by refusing to attend the investigation and trial process.

On the other hand, at the request of the victim's spouse, the defendant seems to have found the victim's residence, only the defendant has been punished once for the same kind of crime, and there is no record of criminal punishment exceeding the fine.

The age, character and conduct, family relations, criminal records, the circumstances of this case, and the following matters.