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(영문) 서울북부지방법원 2016.05.13 2016고정289
주거침입
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 15, 2016, the Defendant was sentenced to the suspension of the execution of six months by imprisonment with prison labor for intrusion at the Seoul Northern District Court on April 15, 2016, and was finally decided on April 23, 2016, and was the tenant residing at the victim D's house located in Seongbuk-gu Seoul Metropolitan Government.

On October 6, 2015, when the defendant did not pay monthly taxes between one year and two months, the victim was asked to see whether the defendant was aware of the defendant's goods that he was faced with, and that the defendant was abandoned.

Nevertheless, the Defendant:

1. On October 21, 2015, around 14:12, to 14:13 around October 21, 2015, via the gate that has not been corrected in the family of the victim located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to have the Defendant’s goods attached to the Mail, etc.;

2. Entry into the places described in paragraphs (1) through (3):57 around October 22, 2015, 13:57 around 13:58, 2015 and putting the wooden sub-marks of the Defendant’s goods;

3. On October 22, 2015, around 14:00 to 14:01, intrusiond on the victim’s residence three occasions, by entering the places described in paragraph 1 and having the suspect, who is the object of the defendant, and leaving the place.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

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