beta
(영문) 부산지방법원 2018.08.16 2018고정909

주거침입등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant B and the two-year teaching system from September 2017, from 2015 to September 2017

Between the victim and the victim have continuously requested the teaching system, and found the victim's residence in the victim's residence, and there was a minor victim's child, but the victim's child was threatened with the disturbance.

1. The Defendant who intrudes upon a house: (a) around 01:45 on January 12, 2018; and (b) around 01:45 on multi-household housing in which the victim C resides in Yangsan-si;

In order to threaten the victim, the victim opened a gate against the victim's will and opened the gate to the 3th floor of the gate with public stairs, and intrudes on the victim's residence.

2. The Defendant, at the time and place stated in the above 1. Paragraph 1. The Defendant: (a) cut off the victim’s residence entrance door, and repeatedly takes the first race of the victim; and (b) “Ig, inside and outside of the same year, she died and died of the inside and outside of the door.”

The victim threatened the victim at a threatened end, such as referring to and deceiving him.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. B written statements;

1. 112 Reported case disposal lists and field photographs;

1. Application of Acts and subordinate statutes to investigation reports (a written statement attached to the E);

1. Article 319(2) of the Criminal Act applicable to the facts constituting an offense (the point of intrusion upon residence, the choice of fines) and Article 283(1) of the Criminal Act (the point of intimidation and the selection of fines);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing guidelines are not applicable since the application of the sentencing guidelines is selected. 2. The sentencing guidelines are not applied to the case, taking into account the motive and circumstance of each of the crimes, the defendant's age, and the history of each of the crimes.