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(영문) 제주지방법원 2016.09.22 2016고단1450

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

1. On June 29, 2016, the Defendant, in response to the refusal to leave, performed drinking together with the victim at the inside of the victim C (62 taxes) located in Western City B (62) on June 29, 2016, and performed drinking together with the victim to the victim himself/herself and his/her wife on several occasions.

'A request to leave the victim was made by the victim while she was obscing, but he/she continued to sit in the inside until the police officer arrives, etc., without good cause.

2. On June 30, 2016, around 04:27, the Defendant infringed upon the victim’s residence by re-locating the victim’s house as described in the above paragraph (1) and then exposing the victim’s wife into a locked room, and putting the victim’s wife into a locked room on the part of the victim’s wife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to report internal investigation (as to the situation at the time of dispatch to the site);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to withdraw), and 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is very poor in light of the following: (a) the Defendant, under the influence of alcohol, found the victim’s house and refused to comply with the request for eviction, and committed each of the instant crimes by intrusion upon the victim’s residence; and (b) repeated crimes against the same victim.

However, in light of the fact that the defendant confessions all of the crimes of this case, the fact that the defendant agreed smoothly with the victim after the conclusion of the pleadings of this case, the amount of punishment in a similar case, the age of the defendant, sexual conduct, environment, relationship between the defendant and the victim, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case, the punishment shall be determined as ordered.