beta
(영문) 대전지방법원 공주지원 2018.08.10 2018고단168

주거침입등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[The relationship and premise of the parties] The defendant was living together at the defendant's house located in the Sinju City from around October 2013 to the defendant's house located in the Sinju City from around 2009, and reported his marriage to August 29, 2013. From around October 12, 2013, the defendant opened a "E restaurant" and moved to the place. However, due to the conflict of the defendant's domestic violence, the defendant continued to reside in the above restaurant around October 2016, and continued to stay in the above restaurant and cut off the contact with the victim. On February 13, 2018, the defendant sold the above restaurant building to F, who is the defendant's seat, and was able to drive the victim residing in the above restaurant.

[Criminal facts] On February 23, 2018, the Defendant came to a “E cafeteria” building around 13:10 on February 23, 2018, and caused the key repair hole to remove a locker installed in the first floor of the building, and then went through the living room and enter the room in which the damaged person lives, and thereby invaded the victim’s residence against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the CD 1 statute

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the relationship between the defendant and the victim, the circumstances leading to the crime, the time when the defendant actually intrudes upon the victim's residence, and the time when the defendant actually intrudes upon the victim's residence, shall be shorter, and the conditions for sentencing specified in the records and trial process, such as the criminal record and the criminal record of the defendant, shall be comprehensively taken into account,

The acquittal portion

1. The summary of the facts charged is that the Defendant, on February 23, 2018, on “E cafeteria” located in Gongju-si, Gongju-si, around 13:10 on February 23, 2018, had the key repair contractor force the locker, the market price of which is not the victim F in the market price established in the 1st floor of the instant building.