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(영문) 의정부지방법원 고양지원 2013.06.20 2013고정434

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

As the owner of a building in the Goyang-gu Seoul Metropolitan City, the Defendant is a person who has entered into a real estate lease agreement with the victim D(63 years of age) and 105, 106, and 107 of the first floor of the building and the term of lease from December 28, 2010 to December 28, 2012.

1. At around 11:00 on June 30, 2012, the Defendant: (a) had the victim removed a correction device from F, a manager of the building in question, using the gaps in which the victim does not operate the said head office, and applied for the suspension of business to F, a manager of the said building; (b) had the victim arbitrarily entered the said head office Nos. 106 and 107, and invaded the victim’s residence.

2. The Defendant: (a) removed the opening and closing equipment of an amount equivalent to KRW 10 million (price claimed by the victim) in the market price owned by the victim D at the same time and place as in the above Paragraph (1) and damaged the property that was disposed of out of the building by compulsorily opening the table, the table, the table, and the table, and the table, and the table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of statutes on photographs of damage;

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act (the point of destruction and damage of property), and selection of fines for the crime;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order provided that the victim consented to the disposition against 105 out of the leased object, and the method and result of the instant crime, the following circumstances after the crime, the defendant’s age, character and conduct, family environment, etc. shall be determined by comprehensively taking into account the following factors: