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(영문) 대구지방법원 서부지원 2013.03.21 2013고단129

주거침입등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On January 6, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Western District Court’s branch branch on January 6, 2012, and completed the execution of the sentence at the Ganyang detention center on June 28, 2012

【Criminal Facts】

1. Around 00:10 on 06.01.06., the Defendant was sentenced to a fine for the case of assaulting the victim at the 'D Inn' room in the Daegu-gu, Seogu, Seo-gu, where the Victim B (B) was operated by the Defendant, who entered the victim’s residence, and entered the victim’s residence and invaded the victim’s residence.

2. The Defendant threatened the victim by stating, at the above date, at the above time and at the above place, that “the victim should be asked to Chewing, Chewing, and flag. It has been sing down.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (a summary order and attachment of judgment), and Acts and subordinate statutes concerning personal identification and confinement status;

1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Article 283 (1) of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.