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(영문) 춘천지방법원 강릉지원 2016.12.08 2016고정223
주거침입등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and the victim B (the 52 years of age, the 52 years of age, the female) were living together at the victim's domicile from April 2015 to July 13, 2016.

1. On July 23, 2016, around 03:30 on July 23, 2016, the Defendant invadedd the victim’s residence by entering the house through the open door under the influence of alcohol to get back his/her own goods, such as a passbook, which was located at the victim’s house located in Gangnam-si C, such as a passbook, etc.

2. The Defendant destroyed and damaged property by removing a postal box outside the market place by hand on the ground that the victim does not open and open the door door at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (in-depth photographs, etc.);

1. Relevant Article 319(1) of the Criminal Act and Article 366 of the Criminal Act (the points of intrusion upon residence) concerning the facts constituting an offense, the choice of fines for negligence under Article 319(1) of the Criminal Act;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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