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(영문) 수원지방법원 2019.08.23 2019고정708
주거침입
Text

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

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

Reasons

Punishment of the crime

On December 16, 2018, at the time of 15:54 on 16, 2018, the Defendant invaded upon the victim’s residence by opening a string door, which was not closed at a canter without the victim’s consent, and entering the string door.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. On-site photographs;

1. On-the-spot report (ctv verification) asserts that the defendant did not have entered the entrance, and that there was no intention of entering the entrance. However, the victim's statement was reliable in light of the fact that the defendant opened the entrance and stated that the defendant was in the entrance, that the victim's statement was specific and consistent, and that there are no special circumstances to suspect the credibility of the above statement, and the defendant's act of entering the entrance without the victim's consent constitutes a violation of the peace of residence, and thus the defendant's intention is also sufficiently recognized. Accordingly, the defendant's argument is not accepted.).

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;

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