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(영문) 대구지방법원 포항지원 2016.05.25 2015고단1250

주거침입

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant: (a) entered the victim’s house to the house where the victim and his family members are divingd, and infringed upon the victim’s house through the main window that was not corrected before the victim E’s house located in Nam-gu 308, Nam-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. Report on the results of field identification and appraisal;

1. Application of Acts and subordinate statutes to photograph each on-site photograph, ctv screen closure;

1. Relevant Article 319 of the Criminal Act and Article 319 of the Criminal Act for the crime, the selection of fines for the crime (the consideration of favorable circumstances deemed as the following reasons for sentencing);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

A favorable circumstances: The fact that he reflects his mistake in depth, the fact that he deposited a total of KRW 13,00,000 for the victim and his spouse: The fact that it is a crime during the period of probation, and that it is not good to form an act that intrudes upon another person's residence through windows at night.