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(영문) 광주지방법원 목포지원 2018.09.07 2018고정169

주거침입등

Text

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

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

Reasons

Punishment of the crime

1. On May 8, 2018, around 16:50 on May 8, 2018, the Defendant invadedd the victim D’s residence through open door to comply with the victim D, on the ground that the victim D, before the house of the victim D located in Young-gun C, did not have a good door to the Defendant, along with E, and infringed upon the victim D’s house.

2. Damage to special property;

A. At the time of the date specified in paragraph 1, the Defendant damaged the victim D’s special property damage: (a) a hack pipe (a total length of about 1m 20cm, approximately 2.5m in diameter) which is a dangerous object in the victim D’s house notice (a total length of about 1m 20cm, approximately 2.5m in diameter); and (b) a victim D’s back glass connected to the victim D’s car parked therein, thereby damaging KRW 220,000 of repair cost, such as exchange of glass on the back of the car.

B. From May 8, 2018, around 17:00 on May 8, 2018, the Defendant: (a) destroyed the victim E’s special property damage to KRW 350,600,000 for repair costs, such as full-time preferential exchange of freight cars; (b) caused the victim E’s Hpoter cargo hold and driver’s glass hold parked in the relevant place, which is a dangerous object, for the same reason as that set forth in paragraph (1) from the front side of Young-gun, Young-gun, Seoul to a hpoter.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. On-site photographs and pipe photographs;

1. Application of written estimates and receipt statutes;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of fines) concerning the crime, and Articles 369 (1) and 366 of the Criminal Act (the point of destroying special property and the choice of fines);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;