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(영문) 서울동부지방법원 2020.10.28 2020고정687

주거침입등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is residing in the house of the victim, such as his children from December 26, 2019, by the wife C who is currently in a divorce lawsuit between the victim B (51 years of age) and Dong C.

1. On April 22, 2020, the Defendant, while under the influence of alcohol on April 22, 2020, said that he was in front of the victim’s residence in Seongdong-gu, Seongdong-gu, Seoul, and said that he would open a door to talk with his wife and children, but he did not open the door within the door so that he could not open the door, and went inside the entrance and intrude into the victim’s residence.

2. The Defendant destroyed property damage, at the time, at the time, and place specified in Paragraph 1, that is, the victim’s property that is the victim’s property so that the victim may not open the entrance as above and walk the entrance several times, and the entrance was repaired and the replacement cost of the entrance is equivalent to KRW 1,050,000.

Summary of Evidence

1. Application of the law to the defendant's legal statement C and the police statement statement C to B;

1. Relevant Article 319(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;