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(영문) 대구지방법원 2014.12.04 2014고단5231

주거침입

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. On July 27, 2014, at around 02:30, the Defendant infringed upon the victim’s residence by reporting that the victim D (the 41-year age) residing in the Nam-gu Seoul Metropolitan Government C lending 00 enter the mixed lending , and entering the victim’s house by putting the victim into the victim’s seat and bath, thereby impairing the peace in the victim’s residence by harming the victim’s dwelling by putting the entrance door kbl, putting the knick up and knick up the entrance, and putting the knick up at the bottom of the entrance, in order to enter the victim’s dwelling.

2. At around 02:50 on the same day, the Defendant reported to the police and confirmed the inside, outside, rooftops, and surroundings of the boomed building by the police officers, but did not discover the Defendant, and carried out the brace corridor again to enter the victim’s residence without finding the Defendant, thereby enjoying the entrance bell by entering the victim’s residence. “The Defendant has been in the Southern Police Station.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 319 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant intrudes into the residence of a female victim, thereby impairing the peace of the victim's residence, and misrepresentation of the police officer to the extent that it is not good to commit the crime. However, the major circumstances, such as the fact that the defendant did not intrude into the house and did not cause any further damage because he did not intrude into the house, and that the defendant is divided into and against the wrong, and other various circumstances such as the motive, circumstance, means and method of the crime in this case, circumstances before and after the crime, and the defendant's age, character, career, environment, etc. as shown in the argument in this case, shall be determined as the sentence as ordered.