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(영문) 서울북부지방법원 2019.06.14 2019고정133

주거침입등

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

The lessor and victim C (n, 33 years of age) of the building located in Seongbuk-gu Seoul Metropolitan Government shall be the lessee of the second floor of the relevant building.

1. On August 29, 2018, the Defendant infringed upon the residence by passing the entrance door set up by the victim on the second floor of the above building and impairing the peace of the victim’s residence.

2. On September 20, 2018, the Defendant attempted to intrude upon the victim’s residence by opening an entrance installed by the second floor of the building in question on September 20, 2018, but failed to do so without opening an entrance.

3. On October 24, 2018, the Defendant opened an entrance installed by the second floor victim of the above building on October 24, 2018, and infringed upon the residence by impairing the peace of the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement by the prosecution against C;

1. A lease contract or CCTV photograph submitted by the victim;

1. A criminal investigation report (Submission of data by a victim), CCTV photograph, DNA text photograph, and suspect DNA text (Submission of data by a victim);

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Articles 319 (1) and 322 of the Criminal Act (the point of attempted intrusion upon residence) concerning the facts constituting an offense, and the choice of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;