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(영문) 대전지방법원 천안지원 2020.05.19 2019고정713
주거침입
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 27, 2019, around 15:10 on September 27, 2019, the Defendant classified the identification number of the entrance, which is known to, from the D apartment E owned by the former victim C (Inn, 56 years of age) of the Dong-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and went back to the dwelling of the victim, and infringed upon the victim's dwelling.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C Application of Acts and subordinate statutes

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order was that the Defendant was arrested as a flagrant offender since the police officers dispatched to the site failed to comply with the request for eviction despite the request, and the instant trial did not appear properly and did not appear contrary to the nature of the Defendant.

However, the defendant has no criminal record of the same kind, and the facts that the former spouse and children who have been divorced enter the residence and that he/she seems to have been informed of the identification number of the entrance shall be considered as favorable circumstances.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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