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(영문) 춘천지방법원 2016.06.02 2016고단271

방실침입등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On May 17, 2014, at around 23:00, the Defendant infringed on the room in which the victim was occupied by the victim I of Hel 307 located in Chuncheon-si, Chuncheon-si, in consideration of the Defendant’s wifeJ and sexual intercourse, the Defendant entered the room in which the victim occupied.

2. On May 20, 2014, from around 11:00 to around 12:00, the Defendant: (a) committed assault to the victim on his hand on the following grounds: (b) on the ground that the damaged person in the president, vice governor, vice governor, and around the third floor of the KG building in Gangnam-si, the Defendant did not recognize the inhumanity relationship with the said J; and (c) assaulted the victim on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to I by the police;

1. A copy of the police statement to J (the defendant and his defense counsel entered the above room with the implied approval of I;

The argument is asserted.

In light of the above circumstances at the time when the evidence was comprehensively admitted, the victim I impliedly approved that the defendant entered the above room.

Therefore, the above argument by the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion by room), Article 260(1) of the Criminal Act (the point of assault) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the suspended sentence of sentence of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2009Da15488, Apr. 2, 2008).