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(영문) 광주지방법원 2015.03.26 2014고정1239

주거침입등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On May 4, 2014, at around 05:20, the Defendant entering the residence of the victim E, a multi-household building owned by the victim C in Gwangju-gu, Gwangju-gu, opened a password of 401, which was known in advance in order to attract F of the former female-friendly Gu, who resides as a lessee from around 401, and went out by the police officer who was dispatched after receiving 112 report, and went out by the said police officer more than twice in total on the same day.

2. The Defendant damaged the property by putting the door door No. 401 owned by the victim C in hand on the ground that the above 401 front corridor of the above 401 building was not opened, and that the above F was not opened in front of the above 401 building. The Defendant damaged the damage by putting the door door No. 401 on hand to repair the amount equivalent to KRW 187,000.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Entry of the first police statement concerning C in the statement;

1. An investigation report (displacement of statement of witness);

1. Details of handling reported cases, and an abstract or abstract of resident registration;

1. Application of the statutes governing a written estimate;

1. Article 319 (1) and Article 366 of the Criminal Act applicable to the relevant criminal facts;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant’s assertion on the assertion of the Defendant and the defense counsel under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation is F, but the Defendant bears half of the lease deposit and the monthly rent, and the Defendant was living together with F at the time of the instant crime, and therefore, the Defendant has a legitimate authority to enter the E building, and C is merely the owner of the E building and does not reside in the E building.