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(영문) 울산지방법원 2020.10.14 2020고정493

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. At around 03:30 on March 23, 2020, the Defendant, who was living in, and was aware of prior to, Ulsan-gu B lending C, Ulsan-gu, Ulsan-do, opened a entrance by dividing the password and opening the entrance, and opening the entrance into the above Bara, the Defendant, who was a female-child victim, was living in the victim D (n, 24 years old), opened the entrance door and intrudes the victim into the victim’s residence.

2. The Defendant, as mentioned in the above paragraph (1), assaulted the victim by breaking the shoulder of the victim in hand when the victim intrudes the victim’s residence, and breaking the victim’s shoulder.

Summary of Evidence

1. Application of each Act and subordinate statute of the defendant's legal statement D and F;

1. Relevant Article 319 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) that apply to the crime; Article 319 (1) of the Criminal Act (the point of intrusion and the selection 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. Article 334(1) of the Criminal Procedure Act provides that the amount of fine imposed on a summary order with the reasons for the sentencing of the defendant's provisional payment order shall not be deemed to be excessive that has been determined by comprehensively taking into account all the conditions for the sentencing, including the circumstances leading to the defendant's residence and the degree of assault, the circumstances before and after the crime was committed, the criminal records of the defendant, and the balance of sentencing with similar cases. Since there is no change of circumstances that may be considered in the sentencing after the notification of the summary order