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(영문) 의정부지방법원 2020.09.17 2020고정702

주거침입

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around August 2019, the Defendant became aware of the victim B (n, 40 years of age) who worked as the main contact point, and from October 2019 to December 2019, the Defendant was in a state where he was living together with the victim under the building C, building D, which was the victim’s residence from around October 2019 to around December 2, 2019, and was able to find the victim’s residence, opened the door, opened the door, opened the door, and received a sound, and requested the victim to leave the said residence.

Nevertheless, at around 18:00 on January 8, 2020, the Defendant entered the fourth floor through stairs to check whether or not the said victim is with another male or female, and intrudes the victim's residence by singing ear to the above entrance, and enters the front of the said victim's house in the same way as the next day at around 04:00 on January 9, 2020, after opening the front of the said entrance, and then the said door was opened to the other male-friendly door, and then the victim was able to gather his body into the front door and intrudes on the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol of statement No. B to the police officer examination statute;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act concerning the applicable criminal facts, the choice of fines;

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. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to partially reduce the fine amount of the summary order by taking into account all the circumstances revealed in the trial process, such as the defendant's age, character and conduct, environment, criminal records, circumstances after the crime, etc., and the fact that the defendant recognized all of the crimes of this case, the victim does not want the punishment of the defendant.