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(영문) 대전지방법원 2017.03.29 2016고단4637

주거침입등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has been in an internal relationship with the victim C (V, 46 years of age).

1. On November 28, 2016, the Defendant, as the Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon on November 28, 2016, left a 57-ro, which was parked in a middle school parking lot in the 57-ro, Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, would leave the damaged person’s “many, out of her husband.

“I listen to horses,” and the victim assaulted the victim’s face with her husband by making a defect in telephone conversations with her husband and making it difficult to see the victim’s face.

2. On November 29, 2016, the Defendant: (a) took advantage of the Defendant’s mobile phone phone to arrange internal ties with the victim; and (b) use the Defendant’s mobile phone to check the victim’s “I am on the day I am on which I am on the day I am on the day I am on the last day I am.

“Transmitting text messages”

The victim threatened the victim.

3. On December 3, 2016, the Defendant infringed upon the residence of the said victim, located in Seo-gu Daejeon, Seo-gu, Daejeon on December 3, 2016, the Defendant: (a) divided the personal phone and exchanged with the victim; (b) opened the gate on the ground that the victim was not able to talk with the victim; and (c) went into the door and intrudes on the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence, the selection of fines), Article 283(1) of the Criminal Act (the point of intimidation, the selection of fines), and Article 319(1) of the Criminal Act (the point of intrusion upon residence and the selection of fines) concerning the crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. An unfavorable circumstance is that the reason behind the sentencing of Article 334(1) of the Criminal Procedure Act is inferior, and that the person who suffered damage fails to receive a written application.

The fact that the accused recognizes and reflects the crime, and does not repeat the crime, and that there is no other penalty, other than the second fine, it is more favorable.

. Other defendant.