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(영문) 인천지방법원 부천지원 2020.06.10 2019고단4356

주거침입등

Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. On November 16, 2019, around 03:00 on November 16, 2019, the Defendant: (a) on November 16, 2019, reported that the victim B (here, 28 years old) who returned to the past around 03:00 on Nov. 16, 2019 entered the victim’s house in Bupyeong-si, the victim’s residence together with his male and female, and (b) called the victim; (c) however, the victim called the victim, who did not receive the call, entered the victim’s house and entered the victim’s house.

Accordingly, the defendant invadedd the victim's residence.

2. On November 16, 2019, at around 05:52, the Defendant, who entered a residence, went out of an apartment after committing the crime referred to in paragraph (1), with the mind that he/she would visit the victim again at around 05:52 on the same day, and entered the front of the victim’s house through the public entrance entrance of the above apartment, and then took a bath in large interest, and took a door to the door.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning facts constituting an offense (the point of intrusion upon residence and the selection of fines);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is that the defendant intrudes the victim's residence into the new wall and the victim had a considerable mental or physical shock at the time, and thus, the defendant's responsibility is not weak.

However, the defendant shows an attitude to recognize and reflect all crimes, and again, he/she is willing not to commit the same crime.

There is no criminal defendant who has been punished for the same crime.

The victim does not want the punishment of the defendant by endeavoring to recover the damage of the victim.

(The defendant paid the amount of criminal agreement to the victim).