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(영문) 광주지방법원 2019.03.20 2018고단4164

주거침입

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 23, 2018, around 17:40 on September 23, 2018, the Defendant: (a) came under the D building E of the victim C (n, 60 years of age) who is the former wife in Nam-gu Gwangju-gu, Gwangju-gu; (b) and (c) tried to open and prevent the victim from going out of his/her dwelling, and infringed upon the said female’s dwelling.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of C’s written laws and regulations

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing in favor of the defendant under Article 334(1) of the Act on Provisional Payment Order - The fact that the defendant recognizes a substantial portion of his/her mistake - unfavorable circumstances: The defendant was sentenced to imprisonment with prison labor for two years for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) in 2014, and the execution of the sentence was terminated on October 2015. The crime