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(영문) 서울동부지방법원 2020.09.24 2020고단1379

주거침입등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On April 1, 2020, the Defendant attempted to enter a house of the victim C at around 23:50, the Defendant: (a) opened a house of the victim C in Gwangjin-gu Seoul Special Metropolitan City; (b) brought the house; and (c) invaded into the house; (d) however, the Defendant attempted to escape from the house of the victim, who was in his or her place, and attempted to escape.

Accordingly, the defendant attempted to intrude the victim's residence, and attempted to do so.

2. Around 00:02 on April 2, 2020, the Defendant, who entered a residence, went beyond the fenced at the victim E house located in Gwangjin-gu Seoul Special Metropolitan City, and brought the victim’s house window by opening the house.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-the-spot report, CCTV investigation, capture photographs, on-site CCTV CDs;

1. A investigation report (in the second page of the on-site CCTV investigation), and a photograph of cutting off on-site CCTVs;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with victims E);

1. Relevant legal provisions concerning facts constituting an offense, Articles 322 and 319 (1) of the Criminal Act (a point where an intrusion upon residence is attempted), Article 319 (1) of the Criminal Act (a point where an intrusion upon residence is committed), and the choice of fines;

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 sentencing of Article 334(1) of the Criminal Procedure Act provides for the following factors: (a) the Defendant’s age, character and conduct, environment, relationship to the victim; (b) motive, means and consequence of the crime; and (c) the various sentencing conditions specified in the records and arguments, including the circumstances after the crime, shall be determined as the order.

The favorable circumstances: (a) all of the crimes are recognized; (b) the victims do not want punishment for the defendant by agreement with the victims; and (c) the defendant does not have any record of punishment for the same kind of crime; (b) the defendant was sentenced to a suspended sentence due to quasi-indecent acts, etc.; and (c) the liability for the crime of this case is not less severe during the suspended sentence.