beta
(영문) 서울중앙지방법원 2013.04.03 2012고정6958

주거침입등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant was sentenced to six months of imprisonment by the Seoul Central District Court for a crime of intrusion upon residence, etc., and the judgment was finalized on December 8 of the same year.

1. On July 4, 2012, from around 16:00 to around 18:00, the Defendant entered a residential premises into a gate with no correction of multi-household houses in which the victim D resides in Dongjak-gu Seoul Metropolitan Government, Seoul, and invaded upon the residence against the victim’s will.

2. 재물손괴 피고인은 위 제1항과 같은 일시, 장소에서 1층 안쪽 피해자의 주거지 출입 샷시문의 결합 부위의 고무몰딩을 주변에 떨어져 있던 나뭇가지로 긁어 내 샷시문의 틈이 벌어지게 하는 등 그 효용을 해하여 이를 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A photograph of the damaged site;

1. Previous convictions: Application of each copy of the judgment;

1. Relevant Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;