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(영문) 서울중앙지방법원 2021.03.24 2021고정291
주거침입
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim (27 years of age, women) are the relationship between the former and the latter.

On November 13, 2020, at around 23:00, the Defendant opened a window installed outside the toilet in the place of residence of the victim in the Gwanak-gu Seoul Special Metropolitan City B building C at his own expense, and brought his mobile phone into his own window by inserting it into the window.

Accordingly, the defendant invadedd the victim's residence, thereby harming the peace of residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate statute to photographs of police statements made to victims;

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. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are the primary criminal of the defendant, and are contradictory to the confession of the crime of this case, the degree of intrusion upon residence, and the injured person does not want the punishment against the defendant, taking full account of the following factors, including the character and conduct of the defendant, the environment, the motive, means and consequence of the crime, the circumstances after the crime, and criminal records, etc., and the factors revealed in the oral proceedings of this case, the punishment is determined as ordered.

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