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(영문) 대전지방법원 천안지원 2018.11.13 2018고정735

주거침입교사

Text

Defendant

A A shall be punished by a fine of KRW 3 million, each of whom shall be punished by a fine of KRW 700,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a representative of “F” located on the first floor of “E” and the rest of the Defendants are Defendant A’s employees, and the victim G is a tenant of “E” 502.

1. On April 11, 2018, Defendant A instructed Defendant B, C, and D to the effect that the victim residing in the 502 building did not pay monthly rent, Defendant A’s intrusion upon the residence of Defendant A at around 14:00, and Defendant A instructed Defendant B, C, and D to the effect that “the 502 entrance door is opened as a master, and the 502 entrance password is arbitrarily changed.”

Accordingly, Defendant B, C, and D entered the victim’s residence and arbitrarily changed the password as follows 2.

Accordingly, Defendant A instigated Defendant B, C, and D to intrude into the victim’s residence.

2. Defendant B, C, and D’s joint crime (Intrusion upon residence) was ordered by the Defendant A to intrude into his residence at the same date, time, and place as the foregoing 1.3, and opened the entrance door of “E” 502, which is the victim’s residence, to Turkey, and went into the residence, and arbitrarily changed the entrance door password.

As a result, the Defendants conspired to infringe upon the victim’s residence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements and coal applications;

1. Application of the Acts and subordinate statutes governing photographs and content certificates by arresting the occurrence of the case and capturing CCTVs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 319(1) and 31(1) of the Criminal Act (excluding punishment)

B. Defendant B, C, and D: Article 319(1) and Article 30 of each Criminal Act (Optional to Penalty)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act seems to have significantly significantly significantly been inconvenienceed for the victims due to the Defendants’ act (the 83 pages of the evidence record). The victims want to punish the Defendants.

However, the Defendants recognized the mistake.

At the time, the victim was unpaid, and the contract is monthly.