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(영문) 의정부지방법원 고양지원 2018.01.19 2017고단3522

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

1. Around July 19, 2017, the Defendant infringed upon a residence by impairing the peace of the victim’s residence by harming D, a spouse in a de facto marital relationship with D, a spouse in a de facto marital relationship with C (n, 50 years of age), and by impairing D, using the victim’s residence living together with D on July 19, 2017, when the victim was living together with D, using the victim’s absence.

2. On July 19, 2017, the Defendant who damaged property was accompanied by the police assigned to the site as prescribed in Paragraph 1 of the same Article on July 17, 2017, and then returned to the victim’s residence, and later, the Defendant found the victim’s residence and her “franssing bling brans” as well as the victim’s branscing and dispute with each other, and caused the victim to leave the brans of the victim’s safety at his/her hand, thereby damaging the diameter of the market value of 150,00 won.

3. The injured Defendant sustained injury to the victim, on the date, at the place, at the time, and at the place specified in paragraph 2, continued to catch the victim’s polluted arms, and quihioned with the hand-to-saw, such as salt, tension, and tensions of the rash in which approximately two weeks of treatment is required for the victim, and damage to the rash that is unknown on the part of the following arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs and injuries attached to the written complaint;

1. Relevant legal provisions of the Criminal Act and Articles 319 (1), 366, and 257 (1) (excluding punishment) of the Criminal Act 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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The defendant's wrongful act was discovered, and the circumstances favorable to the defendant's attack against the victim: the defendant appears to have committed an attack against the victim; the defendant's age, sexual behavior, family relationship, family environment, motive and means of the crime; and the circumstances after the crime are committed.