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(영문) 제주지방법원 2017.11.28 2017고정507

주거침입

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On April 2, 2017, at around 03:30, the Defendant collected the password known in advance and infringed upon the victim’s residence.

Summary of Evidence

1. Legal statement of the witness D;

1. The Defendant may recognize the fact that he opened the victim's front door and entered the front door, according to the witness's testimony and the investigation agency's statement in the police statement protocol on D (if there is no special reason to reject the credibility of witness D's testimony, and according to the witness D's testimony and investigation agency's statement.

Meanwhile, according to the above evidence, the defendant and the victim were faced before the instant case while he was in school, and at the time the victim interfered with another male-child district on the day of the instant case, and had been affiliated with another male-child district on the day of the instant case, and even before the instant case, even before the Defendant did not have the victim’s house, the victim’s consent was obtained in advance. However, in addition to the circumstances where the time of the instant crime was around 03:30, the fact that the victim was in around 03:30, even before the Defendant and the victim was in school, there was a fact that: (a) the victim had contacted the Defendant while the victim was in school, or that the victim was married or living with the defendant after the instant case.

Even if there was an estimated consent at the time of the instant case

[ difficult to see] Application of statutes

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act (at the time of the instant case, the Defendant’s remarks from the victim’s house immediately after hearing the victim’s horses, and there were no particular additional actions, and the relationship between the victim and the Defendant, the age, sexual conduct, environment, circumstances after the crime, etc., as shown in the instant pleadings.