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(영문) 대전지방법원서산지원 2020.08.20 2020고정87

주거침입

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A. On January 17, 2020, the Defendant talked about the issue of land lease with the victim C (58 years of age) at the residence of the victim C (58 years of age) in Seosan City, Si, 09:45. On January 17, 2020, the Defendant opened a entrance door to the victim’s residence and intruded the victim’s residence.

B. At around 08:50 on February 9, 2020, the Defendant: (a) opened the victim’s residence door and opened the victim’s residence door and intruded on the victim’s residence on the same grounds as the above paragraph (a).

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. On-site and suspect photograph [the defendant's act of infringement upon residence by the victim's failure to comply with the request for restoration to the original state because the farmer was not proper due to the soil brought by the victim, but the victim did not comply with the request, so it is a justifiable act. However, such circumstance alone alone cannot be viewed as a legitimate act.] Application of the law.

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act concerning the applicable criminal facts, the choice 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;