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(영문) 인천지방법원 2018.08.24 2018고정1802

주거침입등

Text

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

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

Reasons

Punishment of the crime

1. On March 31, 2018, at around 17:10 on March 31, 2018, the Defendant infringed upon the residence of the victim D (n, 35 years of age) who was in the past related relationship with the victim D, Nam-gu, Incheon, Incheon, for the reason that the victim did not have any contact with himself, opened a door door and entered the living room and intrudes on the female’s residence.

2. In the date, at the time, at the place specified in paragraph 1, the injured Defendant got back to the victim G (W, 32 years of age) who was the birth of the above D, and went back to this house, and then released the victim from his arms and went back to a drinking face, and damaged the victim's head dives that require approximately two weeks of treatment.

3. While the Defendant assaulted G at the time and place set forth in paragraph 1, on the ground that the victim D said G was aware of it, the Defendant assaulted the victim’s face once by drinking, and by walking the left side of the port.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against D;

1. A photo of the damaged part;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes by cutting down a text message;

1. Article 319(1) of the Criminal Act applicable to the crime (the point of intrusion upon residence), Article 257(1) of the Criminal Act (the point of harm) and Article 260(1) of the Criminal Act concerning the crime;

1. Selection of an alternative fine for punishment;

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. The victims were assaulted before the victim’s children were viewed as the reasons for sentencing the punishment of Article 334(1) of the Criminal Procedure Act, and even before the police officer deemed the victim D even before the police officer, and thus, the victim’s violent nature revealed in the instant case is not weak and the corresponding punishment is needed.