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(영문) 서울중앙지방법원 2014.04.17 2014고정1199

주거침입

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, who is her husband, was detained by law on July 23, 2013 due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (56 years of age), did not reach an agreement even though it does not cause agreement to the victim C (here, 43 years of age).

1. On August 3, 2013, at around 17:00, the Seoul Seongbuk-gu Seoul Metropolitan Government D 102 Dong 1704 (E apartment) was waiting at the entrance of the apartment in which the victim is living, entering the apartment, leading to the entry of the occupant, and leading to the agreement to reach an agreement by enjoying the first race, and continuously intrudes into the residential space, such as why the agreement is not reached, why the first race is short, and harming the peace of the dwelling;

2. On September 13, 2013, around 15:30 on September 13, 2013, a victim’s residential space was invaded by the following methods: (a) harming the peace of residence; (b) harming the victim’s dwelling space by taking the first race for the foregoing reasons; (c) putting the victim’s entrance door in drinking; and (d) making it difficult for the knisher to reach an agreement without any contact with his or her driver.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of punishment;

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