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(영문) 제주지방법원 2019.06.28 2018고정371
주거침입
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On October 1, 2017, the Defendant: (a) around 16:00 on October 1, 2017, the victim C (n, 55 years old) in Seogpo-si B, Seopo-si B leased the Defendant’s father D to live, and opened an entrance that was not corrected without the victim’s permission; and (b) entered the dwelling at the entrance of the living room, and invaded the victim’s residence.

2. On February 4, 2018, around 15:30 on February 4, 2018, the Defendant: (a) opened an entrance without the consent of the victim C (n, 56 years of age) at the place specified in paragraph (1); (b) opened an entrance without the consent of the victim C (n, e.g., the Defendant invaded the victim’s residence; and (c) entered the victim’s place where the victim’s front door is located; and

Summary of Evidence

1. Each statement made by the witness C and E in this Court;

1. Each statement made by the police officer C and E of the protocol of statement;

1. Entry in a petition filed by C;

1. Statement of investigation report (Attachment of field photographs) and images (including attached documents) of police preparation;

1. Application of each Act or subordinate statute to a copy of a standard lease contract or a copy of a temporary building register;

1. Relevant Article and each point of judgment on the choice of punishment for a crime: Article 319 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment specified for the crime of Article 1 which is heavier than the criminal administration);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 【The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Provisional Payment Order 【The scope of the applicable sentencing punishment】 fine of KRW 50,000 or KRW 7.5 million (limited to concurrent crimes) 【The sentence of a fine of KRW 700,000: The circumstances favorable to the defendant that the defendant had no reason to find the defendant guilty since the investigative agency and did not recognize mistake from this court: The defendant did not want the punishment against the defendant by mutual consent with the victim; and the defendant was subject to a disposition of non-prosecution or suspension of indictment

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