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(영문) 인천지방법원부천지원 2020.08.13 2019고단3160

주거침입등

Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

B. On December 12, 2019, Defendant A (hereinafter “2019No3160”) rendered a decision to dismiss public prosecution on the same day as the revocation of public prosecution on December 12, 2019, with respect to the assault by Defendant B among the instant cases involving Defendant A (hereinafter “2019No3160”).

The defendant and B were affiliated with the association of the disabled and became aware of each other, and there was a dispute about the issue of the association by telephone around 22:58 on July 10, 2019, and there was a fact that the defendant was found even before the house of Kimpo City*** Dong***, but there was a fact that the defendant was sent by the police officer called by the report of B up to the co-entry door of the first floor of the apartment house.

1. At around 23:20 on the same day, the Defendant: (a) opened a string door, which was not locked by the victim B’s house; and (b) opened a string door, which read “I reported to the police”; and (c) invaded upon the victim’s house.

2. The Defendant injured the victim by assaulting the victim at the same time and at the same place as the above paragraph (a) above, the victim’s face was satisfed once by hand to the victim (the age of 57) and the victim’s face was flicked, and the victim was flicked for about 14 days to receive medical treatment.

Summary of Evidence

1. Statement made by the defendant A in the second protocol of trial;

1. The police statement concerning B;

1. Investigation reports (Submission of the victim's standing photographs, death diagnosis reports, and written contents);

1. Application of statutes on field photographs;

1. Relevant Article 319 (1) of the Criminal Act, Articles 262, 260 (1), and 257 (1) of the Criminal Act, the choice of a fine concerning the facts constituting an offense, the choice of a fine;

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 crime of this case was committed again despite the record of punishment several times, including the reason for sentencing, injury to the victim, assault, etc. under Article 334(1) of the Criminal Procedure Act, and the victim has agreed with the victim.