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(영문) 서울동부지방법원 2018.07.27 2018고단1404

주거침입등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

On February 28, 2017, the Defendant, at around 22:00, had the victim C and the victim C met with a word any longer at around 10:0,00, and had it first come from the drinking house.

Since then, the defendant had his house known the situation that the victim C requested objection, and found it as the house of the victim C.

1. Around 00:00 on March 1, 2017, the Defendant found the victim C of the D Building 402 in Gwangjin-gu Seoul Special Metropolitan City and the victim E who is his/her birth together with the victim E, thereby enjoying a password of the entrance door and entering the house to intrude into the victims’ residence.

2. The Defendant, who was guilty of a fire, entered the house of C at the time and place specified in paragraph 1, as above;

Si her her married person

E ? Does it now start;

B. In spite of the fact that “the deceased” was “the deceased,” it was called “the deceased,” and the Defendant’s physical clothes, which were located therein, destroyed the fire by attaching the fire to the rater.

In this respect, the defendant fireed his general goods and caused public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Each protocol of seizure and list of seizure, the site and the photo of evidence;

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

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence, the selection of fines), Article 167(2) and Article 167(1) of the Criminal Act (the point of protecting articles contrary to the date of prosecution for himself/herself, and the selection of fines);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crime of fire-prevention of general goods owned by the person who holds no higher punishment);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (as to the fire prevention of articles contrary to the indictment date)

1. The main point of the assertion is the crime of fire-prevention against the general goods charged.