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(영문) 대구지방법원 2016.05.25 2016고정668

주거침입등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was the owner of the first floor among the buildings located in Daegu Dong-gu C, and the victim D was the tenant of the first floor of the above building.

1. On August 27, 2015, the Defendant infringed upon a residence: (a) the first floor of the building located in Daegu-gu Dong-gu, Daegu-gu, Daegu-gu, about 17:00, the Defendant opened a compulsory entrance door against the intent of the victim on the ground that the leased victim did not pay monthly rent but did not cause any damage to the building; (b) but (c) the lessee opened the entrance door and entered the inside and intruded the victim’s residence

2. The Defendant damaged the property by destroying the entrance door and the tent owned by the victim at the market price during the process of forced opening the entrance door, etc. while entering the victim’s residence at the above date, time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing on-site photographs, such as a lease agreement, consent to remove water above ground, and certificate of participation;

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