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(영문) 의정부지방법원 2017.02.01 2015고단4515

주거침입

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

Punishment of the crime

The defendant is the former part of the victim B.

On November 1, 2015, the Defendant found C apartment 1707 Dong 1407 Dong 1407, Namyang-si, the body of the victim on November 21, 2015, and requested the victim to have the victim interfered with and return to the disturbance, such as the stude and the string of the stude, "the string of the stude," and the string of the stude, requested the victim to stop the disturbance and return to the victim. However, the Defendant continued to infringe upon the victim's residence by continuously purchasing the stude and opening the string door against the victim's will, by entering the stude and gathering the stude of the victim's sports in the apartment corridor.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 319 of the Criminal Act and Article 319 of the Criminal Act with respect to the facts of crime (Selection of a punishment penalty);

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

1. In addition, even though the defendant was punished for committing the instant crime against the victim, who is the former husband, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the criminal liability is not weak in light of the fact that the defendant committed the instant crime.

However, the damage caused by the instant case seems to be relatively minor.

The defendant seems to have committed contingent acts while under the influence of alcohol, and there is no history of punishment exceeding a fine so far.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, sexual conduct, motive, background, means and result of the crime, and the circumstances after the crime.