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(영문) 대구지방법원 서부지원 2020.02.13 2019고정280

주거침입

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a lecturer of the Flaice Center B, and the victim C's wife is doubtful of internal relations.

1. On December 27, 2018, around 09:38, the Defendant entered the apartment E-F of Daegu-gu, Daegu-gu, into the house to talk with the wife of the victim by using the gaps without the victim and his/her children.

2. Around 10:45 on January 23, 2019, the Defendant infringed upon the victim’s residence against the victim’s will under the same pretext.

3. On January 24, 2019, around 10:23, the Defendant infringed upon the victim’s residence against the victim’s will under the same pretext.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (entry records of suspect apartment houses, evidentiary images, and photographs attached);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 319 (1) of the Criminal Act and Article 319 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant, the primary offender, the fact that the victim does not want the punishment by mutual consent with the victim after the issuance of the summary order in this case, the defendant's age, character and conduct, environment, motive, means and consequence of each of the crimes in this case, and all of the conditions for sentencing as shown in the arguments and records, such as circumstances after the crime, shall be determined as ordered in consideration of the text.