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(영문) 광주지방법원 목포지원 2016.12.01 2016고정257

주거침입등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant and the victim C(n, 73 years old) are dead villages.

1. Around August 2, 2015, the Defendant, entering a residence, entering a new-nam-gun D's house and mace, where the victim resides, into a house, and intrudes into a house.

2. The Defendant damaged the property by putting allmans of the victim who was suffering from the inner wall in his hand at the time and place like paragraph (1) and putting him a photo of his husband, leaving the floor, leaving him in his hands, etc., and continuously putting the photo of his portrait into his hands, and then making the window, the window, the window, and the floor, etc. cut to the Gemansium, and then damaging the repairing aesthetic material, such as tear, etc.

3. The injured Defendant, on the ground that the victim was prevented at the time and place as referred to in paragraph (2), committed an assault, such as breathing and breathing the victim’s hair, and making the victim face with the wall, thereby inflicting an injury on the victim, such as catdum dump, salt, etc. requiring medical treatment for three weeks

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to investigation reports and on-site photographs;

1. The applicable law of criminal facts, Articles 319 (1) (the points of intrusion upon residence), 366 ( point of destruction and damage), and 257 (1) of the Criminal Act, the choice of fines, 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is the elderly, the primary offender is the first offender, and the reasons why the case was caused, etc. are determined as ordered by the court.