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(영문) 서울동부지방법원 2021.01.14 2020고정1047
주거침입
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On August 20, 2020, at around 20:0, the Defendant was the lessor of the said residence in Gwangjin-gu Seoul Special Metropolitan City (n, 35 years of age), and was aware of removing mycoa generated in the victim’s residence, and opened a dried dynasium in front of the entrance, and invaded the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Investigation report (the Defendant’s assertion that the instant act constituted a intrusion upon residence is merely a mere legal ground and does not affect the establishment of a crime of intrusion upon residence)

Application of Statutes

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

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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