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(영문) 서울남부지방법원 2018.09.19 2018고정849

주거침입등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant was built from May 2017 to build his/her building on the side of Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, where the Defendant was living in the victim B (n, 56 years of age). During this process, the Defendant agreed with the victim at KRW 5,500,000 as water leakage was generated in the residence where the victim is living.

1. On September 6, 2017, around 21:30 on September 6, 2017, the Defendant infringed upon a residence: (a) was himself/herself even though he/she did not generate water leakage to the victim on the 1st floor in Yeongdeungpo-gu Seoul Metropolitan Government, and entered the victim’s residence without permission; (b) whether the Defendant “

사기를 친 거지 누수도 없는데 누수라고 떠 드느 까 그렇게 알고 있어 누수가 났으면 누수 난 데를 대야 될 거 아냐 지가 꼭꼭 닫아 놔서 곰팡이를 난 걸 갖다가 누구한테 뒤집어씌워 이 도둑년 아!” 라는 등의 소리를 치고 욕설을 하고 피해자의 아들 방안으로 들어가 물건을 발로 차는 등 피해자의 주거의 평온을 해하였다.

2. During the time, at the time, at the place specified in the above Paragraph 1 above, the injured Defendant was going to the owner of the house to request the help of the owner of the house in order to produce the Defendant in his/her residence. However, while the Defendant was trying to enter his/her residence again due to his/her absence of the owner of the house and attempted to enter his/her residence again, he/she suffered injury to the victim, among the five pages of the five pages, in need of medical treatment for about 40 days by pushing the gate, and the victim was suffering from the injury of the pellley.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the submission of a medical certificate of injury and a photograph with the upper part of the body);

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of fines) and Article 257(1) of the Criminal Act (the point of harm and the selection of fines) of the same Act;

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 (2) of the Criminal Act to attract a workhouse.