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(영문) 광주지방법원 2018.06.14 2018고단1229

주거침입등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 18, 2017, around 17:40, the Defendant arbitrarily changed the password of the entrance door through the window that was not locked for the victim C to pay the sum of KRW 150,000 won advance payment of KRW 150,000 and KRW 3,50,000,000,000.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act regarding the crime, the choice of a fine (the crime committed during the period of suspension of execution due to fraud, but the confession and mistake are divided, the motive of the crime and the circumstances leading to the crime are considered, the agreement with the victim is reached, and there are no criminal records of the same kind).

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On December 29, 2017, the Defendant of this part of the facts charged: (a) on the ground that the said victim (26 years of age) did not repay 450,000 won as above, on the ground that he did not repay 450,000 won to the said victim; (b) on the ground that he/she took a detailed attitude that he/she would be at the time when he/she was the victim; and (c) on the part of the victim, he/she took the victim’s “Ye and Chewing flap. f

If he does not refuse to die, during the period of 11: (a) during which he was 11,00 won or less; (b) he said that he was 11,000 won or less; and (c) he was her before he died.

Accordingly, the defendant threatened the victim.

2. This part of the facts charged is an offense falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act.

Therefore, since the victim submitted a written agreement on June 12, 2018, which was after the prosecution of this case, and withdrawn the wish to punish the defendant, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.