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(영문) 창원지방법원 2016.04.06 2016고정61

주거침입

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

피고인은 김해시 C 아파트 601동 1404호에 살고 있는 피해자 D( 여, 39세) 와 사귀다가 피해 자로부터 이별 통보를 받게 되자 피해자에게 만나줄 것을 요구하면서 피해자의 아파트 주변을 맴돌다가 피해자의 아파트 현관 출입문까지 침입하여 피해자가 경찰에 신고한 적이 있다.

On October 15, 2015, the Defendant entered the entrance entrance of the 14th floor of the above apartment building through the 601 entrance of the above apartment building, where the victim lives, and intruded on the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (the date of intimidation attached to the victim's entrance);

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even before the instant case, the Defendant attempted to intrude upon the victim’s residence by taking a first race and taking a password from the victim’s front door, and committed the instant crime even after receiving a warning from the police officer dispatched upon receipt of the victim’s report that he/she may be punished as a crime of intrusion upon residence, and the Defendant was sentenced four months to imprisonment for a repeated crime on May 22, 2014 and without being aware of the fact that he/she was sentenced to four months for a repeated crime, and needs to be punished significantly for the Defendant.

However, since the defendant did not violate the victim's house, the degree of infringement of legal interest is not significant, the defendant repents and reflects his mistake, balance of general punishment in the same and similar cases, and other conditions of sentencing, such as the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, frequency of the crime, relationship with the victim, circumstances after the crime, etc.