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(영문) 서울남부지방법원 2016.07.08 2016고정906

주거침입등

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is between the 1)B (49) and the 2)C (50) and the 50).

A. On October 29, 2015, the Defendant infringed upon the residence of the victim after entering the residence of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with no consent of the victim, around 10:00. Around October 29, 2015.

B. On October 29, 2015, the Defendant refused to withdraw from the Defendant, at around 12:10 on October 29, 2015, the victim 1)B requested the Defendant to leave from the same place as the above A, but the Defendant refused to comply therewith.

(c)

The Defendant assaulted the victim at the same time and place as the above B.C. 2) the victim by hand, who was defective in order to photograph the scene of damage caused by mobile phones, and assaulted the victim by cutting the victim’s hand and shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes on site inspection and complaint;

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 319(2) of the Criminal Act (the point of refusing to leave), Article 260(1) of the Criminal Act (the point of assault) and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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