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(영문) 서울중앙지방법원 2020.01.17 2019고단7584

주거침입

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On 20:20 on 24:04. 20:20 on 20:20, the Defendant entered the entrance door of the said victim in front of the entrance of the multi-household household in which the victim D (W, 24 years old) located in the Gangnam-gu Seoul building C, and entered the entrance door of the said victim in front of the entrance of the multi-household household in which the resident living in the said house was living outside of the building.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Results of viewing CCTV images CD reproduction;

1. Written statements of D;

1. Filing reports, respective internal investigation reports, and the application of the Acts and subordinate statutes governing investigation reports;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order intrudes the client who is presumed to be the debt collection business operator without permission before the victim's household by cooperatinging the client who is presumed to be the debt collection business operator, and opening a joint signature door to the client, but the entry into the victim's house appears to have been permitted by the live-in partner. The entry into the victim's house is deemed to have not caused any additional damage, and is charged only for a crime that intrudes into the joint signature, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. is determined as ordered in consideration of various sentencing conditions