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(영문) 수원지방법원 2018.12.20 2018고단6323

주거침입등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On August 15, 2018, the Defendant intrusiond upon his/her residence by entering the victim C (V, 34 years old) who was located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul and 301, into his/her residence, without any justifiable reason, and thereby intrudes on the victim’s residence.

2. On August 15, 2018, at the parking lot of the building located in the above C around 10:15, the Defendant: (a) refused to return home from E, who was notified of 112 due to the Defendant’s intrusion upon the Defendant’s residence; (b) he continued to enter the said C’s residence by “to grow up to fright, to fright to fright, and to fright to fright,” while refusing to return home from E, who is called “to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to 25 minutes; and (c) took a bath without responding to the Defendant’s re-entering into the building; and (d) interfere with the police officer’s legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site documentary video CDs and caps photographs;

1. The application of Acts and subordinate statutes on investigation reports (the reasons why the protocol of damage statement is omitted);

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act that requires the choice of a sentence, Article 136(1) of the Criminal Act (a) and Article 136(1) of the Criminal Act (a) of the Criminal Act, the selection of fines (the first offender, the violence exercised by the defendant and the degree of interference with public duties is minor, and the punishment for victims of intrusion upon residence is not imposed).

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. 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;