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(영문) 인천지방법원 2017.02.07 2016고정3193

재물손괴등

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

The Defendant and the Victim C (Y, 59 years old) were living together in the victim's house for about three years, and they were living in around October 2015.

1. On August 24, 2016, at around 18:40, the Defendant infringed upon his/her residence, the victim’s house entrance and password, which was known to him/her at the time of his/her living together without the consent of the victim, was partitioned, opened at his/her own discretion, and invaded upon the victim’s residence.

2. The Defendant damaged property at a temporary place such as Paragraph 1, at the victim’s cell phone, and damaged the victim’s cell phone by inserting approximately KRW 1,772,00 in total at 14 market prices of cremation and electronic equipment, etc. owned by the victim in the house, on the ground that he saw the victim to have ever died and fright away from the death.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness C’s statutory statement law

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the selection of fines for negligence;

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. The defendant and his/her defense counsel's assertion against the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order

Even if the Defendant had impliedly approved that the Defendant entered the instant residence, the Defendant did not constitute a crime of intrusion on residence.

The argument is asserted.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, approval is granted for the defendant to have a joint residential right with the victim or to enter the residence of this case from the victim.