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(영문) 제주지방법원 2018.12.10 2017고단1689
주거침입등
Text

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

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

Reasons

Punishment of the crime

"2017 Highest 1689"

1. On May 20, 2017, the Defendant infringed upon the residence of the victim by opening an entrance that was not corrected by the widely known room where the victim D resides at around 23:30, around 2017, and entering the living room inside the well-known room, thereby infringing on the victim’s residence.

"2017 Highest 2783"

2. On July 22, 2017, around 22:00, the Defendant ordered the victim with the same attitude that the victim F of the victim F, in Jeju, would pay the normal cost in the restaurant, which is managed by the victim F, ordering the victim to do so.

However, even if the defendant was provided with alcohol and food from the injured party, he did not have the intent or ability to pay the cost to the injured party.

Accordingly, the Defendant, by deceiving the victim, was provided with alcohol and food equivalent to KRW 43,00 from the victim.

3. On July 22, 2017, the Defendant: (a) the victim who received a demand from the victim F to compute the drinking value from the victim F on or around July 22, 2017; and (b) the victim who received a demand from the victim F to do so.

Magres, snow shackers

It interfered with the victim's restaurant business for about 40 minutes by force by avoiding disturbances, such as intending to take a bath in a large scale, and escape from alcohol disease.

Summary of Evidence

"2017 Highest 1689"

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. Investigative reports (Hearing statements of victims) 2017 Highest 2783;

1. A protocol concerning the examination of the police officers of the accused;

1. A statement prepared by the F;

1. Invoice;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 319 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act, as to the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: among the various sentencing conditions shown in the argument in the instant case, in particular, the following circumstances should be considered.

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