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(영문) 전주지방법원 정읍지원 2016.07.05 2016고단110

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

1. On June 18, 2015, the Defendant driven FOba while under the influence of alcohol content of about 0.114% at a distance of about 10 meters from the front of the community hall located in the west-gun C of North Korea on June 18, 2015 to the front of the E’s house located in the west-gun of North Korea.

2. The Defendant who intrudes upon his residence came into the house of the victim E located in the Northwest-gun of North Korea before the date specified in paragraph (1) and went into the house of the victim without any justifiable reason.

It is called that the injured party is intending to cross the floor of the party, and that the injured party enters the defendant.

Although the Defendant made a speech, it dumpeded the floor and intruded upon the victim’s residence. Accordingly, the Defendant invadedd the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. Notification of the results of regulating drinking driving;

1. The circumstantial statement of the driver at the main place of business (the defendant asserted to the effect that he was able to take the direction of the error as stated in the judgment, and walked only, but according to G and H's consistent statements at an investigative agency, the fact that the defendant driven the above erroneous part of business while drinking alcohol can be acknowledged).

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking), and the selection of fines for each crime;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act, with heavier punishment, shall be aggravated);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the defendant finds the victim's house who prepared for the preparation of the preparation for the preparation of the preparation for the preparation without any particular reason and gets a false change in order to avoid punishment while driving under the influence of alcohol, and is subject to criminal punishment several times due to violent crimes.