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(영문) 수원지방법원 2015.07.22 2015고정604

주거침입등

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

1. At around 15:00 on November 6, 2014, the Defendant: (a) opened a door with a house key possessed by the victim before being able to receive money from the victim’s D; (b) opened a door to the ward; and (c) invaded upon the victim’s residence; and (d) opened a bath room on the part of the ward’s bruc disease on the part of the ward, thereby damaging a more 200,000 won at the market price.

2. On November 6, 2014, at around 20:00, the Defendant opened a door as a key to the victim’s house as stated in paragraph (1) in order to comply with the victim’s false statement and did not pay money, and entered the living room to intrude the victim’s residence, and damaged the phone at the market price of KRW 30,000 by cutting off the phone operator from the floor in order to report the intrusion upon the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs, photographs, and photographs;

1. Relevant Articles 319(1) and 366 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of fines; Articles 319(1) and 366 of the Criminal Act;

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. There are circumstances to consider the reason for sentencing of Article 334(1) of the Criminal Procedure Act, and the victim did not want the punishment of the defendant.

Public Prosecution Rejection Parts

1. Around November 6, 2014, the summary of the facts charged was assaulted by the Defendant on the victim D’s house stated in the facts constituting a crime by making it difficult for the victim to make a false statement and to pay money.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. The witness is a witness.