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(영문) 광주지방법원 2016.11.15 2016고단4162

주거침입등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On December 23, 2015, around 19:00, the Defendant entered the victim’s house in Gwangju Mine-gu, and invaded upon the victim’s residence by entering the victim’s house in order to comply with the intent of the Defendant’s wife E in the center for older persons.

B. On February 18, 2016, the Defendant came to the house of the above victim around 18:00, and entered the victim’s house through the back door, thereby infringing on the victim’s residence.

C. On April 3, 2016, the Defendant came to the house of the above victim around 21:00, and entered the victim’s house through the back door, thereby infringing on the victim’s residence.

2. Around 11:00 on August 16, 2016, the Defendant: (a) committed assault against the victim, while the victim’s wife E was fluencing with respect to the Defendant’s desire for the Defendant, the Defendant francing victim D (the age of 66) who was flucing the victim with the victim’s desire to “cruel flusium, varn, and equal gue,” was flucing three times of the victim’s bridge, and the victim was flucing with the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Relevant Article 319(1) of the Criminal Act and Article 260(1) of the Criminal Act (the point of violence committed by the accused, being the first offender and the first offender, having inconvenience in living together with the aged, and reflecting his mistake, the choice of each 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;