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(영문) 청주지방법원 2019.02.21 2018고정514

주거침입등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendant

A and the victim B are siblingss.

The defendant, around 03:40 on June 12, 2018, at the house of Seowon-gu, Seowon-gu, Seowon-gu, Cheongju-si, C apartment D, and divided the beginning of the house and the house B with alcohol.

Therefore, in order to avoid disturbance in the defendant's apartment corridor, the victim made the defendant enter the house of the victim, and refused to communicate with the defendant, and the defendant was called the defendant. However, the defendant did not leave the place until he is arrested to police officers who received 112 reports from the victim on the same day on the same day without complying with such request. Thus, the victim's eviction needs without justifiable reasons.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Part of legal statement B, legal statement of E;

1. The suspect interrogation protocol of the police as to B;

1. Report on internal investigation (to counter telephone conversations between wife E);

1. The CCTV screen closure (the defendant and his defense counsel argued that the defendant's act is an act which is reasonable to the extent permitted by social norms. However, considering the circumstances that can be seen by comprehensively taking account of the evidence duly adopted and examined, i.e., the background leading up to finding the victim's house in the victim's house, the time zone during which the defendant found the disturbance in front of the gate and opened a door in the front of the gate, and dialogue in the gate and the contents of the conversation, etc., it is difficult to view that the defendant's failure to comply with the request for eviction as stated in its reasoning is an act of social

1. Article 319(2) and (1) of the Criminal Act, Article 319(2) of the same Act, the selection of fines concerning criminal facts;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant assaulted the victim’s arms at the time and place in the facts charged, such as taking the victim’s arms, at the time and place of the judgment.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) Expression of intention not to be punished after prosecution: Victims.