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(영문) 서울북부지방법원 2018.10.12 2018고정101

주거침입

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner and lessor of the C Apartment-si 208 Dong 1101 (hereinafter “instant apartment”) and the victim D is the lessee of the instant apartment.

The Defendant and the victim agreed to deliver the instant apartment to the Defendant on April 10, 2017, and the Defendant returned the deposit to the victim.

On April 10, 2017, even though the victim suffered from the apartment of this case on April 12:00, the defendant did not return the deposit to the victim, and the victim transferred the deposit to the apartment of this case on the same day around 15:00 on the same day.

On April 19, 2017, the Defendant entered the apartment of this case with E, which is the denial of the victim, without the consent of the victim, and transferred the animals of the victim to E.

Accordingly, the defendant invadedd the victim's residence against the victim's will.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol of suspect interrogation of the accused by the prosecution (including the D or E part of the statement);

1. A copy of the lease contract of an apartment and field photograph;

1. Investigation report (a detailed statement attached, etc. to the report processing statement No. 112 relating to this case), 112 report processing statement;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;