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(영문) 서울남부지방법원 2013.04.22 2013고정822

주거침입

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 25, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by Seoul Southern District Court, and the said judgment became final and conclusive on January 25, 2013.

On August 10, 2012, at around 04:05, the Defendant opened a door that was not corrected to see urine B’s residence in Guro-gu Seoul Metropolitan Government, and intruded into the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Report on the use of police gear;

1. Application of statutes on field photographs;

1. Relevant Article 319 (1) of the Criminal Act concerning facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (the principle of equity in cases where a judgment at the time of sale is to be rendered concurrently with a crime for which a judgment at the time

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.