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(영문) 서울중앙지방법원 2018.09.05 2018고정798
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the owner of the Seocho-gu Seoul Metropolitan Government building, and the victim C is the lessee of the above building D and E.

On December 23, 2017, at around 09:00, the Defendant opened a door with a preliminary key in the house without the victim’s permission and infringed upon the victim’s residence, on the ground that petroleum smells in the house came into the residence of the victim of the said B B building, and without the victim’s permission.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation report (Hearing of statements by fire officers) and investigation report (Hearing of statements by fire officers in mobilization);

1. A protocol concerning the interrogation of suspect with respect to F;

1. G's written statement [ insofar as the defendant has a perception that he/she enters the victim's residence without the victim's consent, the intention of intrusion may be recognized, and a door was opened as petroleum smells at the time;

However, in light of the statements of the fire officers dispatched at the time, there were such urgent circumstances as alleged by the Defendant.

It is difficult to see the application of statutes

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

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

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

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