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(영문) 부산지방법원 2017.05.11 2016고정3711

주거침입등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

At around 13:30 on March 28, 2016, Defendant D, who was the victim D's house located in Geumcheon-gu, Busan on March 28, 2016, had his object that was not brought before divorce with the victim, and had a simple interest under the window that was opened, and invaded the victim's residence.

2016 High Court Decision 3713

1. On March 26, 2016, around 11:20 on March 26, 2016, the Defendant infringed upon the residence of the victim D, who was a prior wife who was divorced pursuant to the Fransh C Manion 102 of the Geum-gu Busan Metropolitan Government, and then damaged the flag of the crime prevention window, thereby damaging the flag by hand and infringing on the residence of the victim.

2. The Defendant: (a) intruded the said victim’s residence at the time, time, and place indicated in the foregoing paragraph (1); (b) stolen a cocont, where the market price on the said victim’s ownership cannot be known (price 7 million won at the time of purchase) of the said victim’s housing, as described in the foregoing paragraph (1).

Defendant 2017 and 99, on March 24, 2016, 2013:30, the Defendant and the victim D were living in the Geum-gu, Busan on March 24, 2016

C 맨션 102호 앞에서, 위 집에 있던 피고인 소유의 짐을 챙기기 위해 찾아갔으나 피해자가 문을 열어 주지 않자 맨션 앞 화단에 있던 벽돌을 집어 던져 피해자 소유인 수리비 미상의 유리창 2 장을 깨뜨리고, 방범용 샷 시를 부러뜨리는 등 재물을 손괴하였다.

Summary of Evidence

1. The defendant's legal statement (as regards the remainder except the Do's points, the third trial date in the case of the case of the 2016 High Court 371, 3713, and the first trial date in the case of the 2017 High Court 99, each statement on the first trial date in the case of the 3rd trial);

1. Statement made by the police with regard to D;

1. Seizure records;

1. Application of Acts and subordinate statutes to each investigation report and investigation report (investigation, etc. into victims);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;