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(영문) 서울북부지방법원 2015.10.30 2015고정2167

주거침입등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant was a new person of the C church in which the victim B (55 years of age, female) is a pastor.

1. On August 5, 2015, around 10:20 on August 5, 2015, the Defendant violated the victim’s residence, such as entering the entrance door, which was the first floor of the above church building, which is the summary of the victim’s residence, even though the victim refused to enter, thereby impairing the victim’s residence.

2. The Defendant causing property damage, on the ground that the victim does not open the entrance of the church at the same time and place as the above paragraph (1), destroyed the property that requires approximately KRW 110,00 of the repair cost by breaking three stringers, which are installed on the wall side of the entrance of the above church, by walking three stringers, which are managed by the victim, so that it does not work.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs (gates of a shoulder spash and entrances of the residence of victims);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim and report on investigation (the confirmation of the form of a school building);

1. Relevant Article 319(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the crime;

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;