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(영문) 수원지방법원 2016.09.07 2016고단3824

주거침입등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 18, 2016, at around 02:05, the Defendant opened a gate in Suwon-gu, Suwon-si, where the victim B resides, and entered the house and infringed upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications of victims);

1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Article 319 (1) of the choice of punishment (the decision of a fine shall be made by taking into consideration the fact that erroneous recognition is granted for the crime committed on the market, the victim's grounds for not punishing the

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

1. The part concerning the rejection of prosecution under Article 334 (1) of the Criminal Procedure Act (the point of violence) of the provisional payment order;

1. At the time of the judgment below, the Defendant: (a) committed an assault against the victim by taking the victim’s bat around the victim’s house before the victim’s house; (b) bating him out of the house; and (c) bating the bat

2. Determination

(a) Crimes of non-compliance with an intention: Article 260 (1) and (3) of the Criminal Act;

(b) Indication of the intention not to grant punishment after filing a public prosecution: A written agreement on August 18, 2016;

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;