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(영문) 대전지방법원 천안지원 2019.11.27 2019고단2434
주거침입
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 20, 2019, at around 16:37, the Defendant entered the studio B room room in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City through the 1st floor entrance, and confirmed that the first type of the elevator came to be “D”, a residence of the victim C, and confirmed that there is no person inside the house, and opened a door door and intrudes into the house by inputting the password of the entrance, which is known in an insular way. On June 11, 2019, the Defendant entered the 1st floor door door through the 1st floor entrance, and opened the door door door and intrudes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site reports (CCTV image analysis);

1. Application of the Acts and subordinate statutes to photographs by cutting off on the spot and CCTV-faging;

1. Relevant Article 319 (1) of the Criminal Act concerning facts constituting an offense and Article 319 (1) of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant had a history that he/she had infringed upon another person’s residence in 2016 and has been suspended from indictment; (b) the Defendant came to know that he/she invadedd upon the residence as stated in paragraph (1); (c) again, he/she intrudes upon the victim’s residence; (d) the Defendant recognized the Defendant; (c) the Defendant promised to pay KRW 3 million to the victim and not be employed at the same hospital as the victim; and (d) the Defendant did not want criminal punishment by mutual consent with the victim; and (e) the Defendant did not have any history of criminal punishment other than the above disposition.

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