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(영문) 서울동부지방법원 2015.07.15 2014고단2446

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

On July 23, 2014, at around 22:14, the Defendant went into the victim C’s residence in Gwangjin-gu Seoul Special Metropolitan City, and entered the victim’s house in an open side gate, and entered the victim’s residence in excess of the fence, and then intrudes on the victim’s residence by peeping the inside of the window.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the defendant;

1. Investigation report (related to reporter's telephone statement);

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

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

1. The punishment shall be determined by comprehensively taking into account the following factors: (a) details and degree of damage to the crime of sentencing under Article 334(1) of the Criminal Procedure Act; (b) details of the arrest of the defendant (the defendant leaves the place after entering the house through windows; and (c) details of the arrest of the defendant; and (d) the criminal records of the defendant having the same kind of criminal records as the defendant by a neighbor's report; and