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(영문) 전주지방법원 2015.12.15 2015고정768
주거침입
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

The Defendant is a lessor operating studio B in the Jeonju-si, and the victim C is a lessee who resides in the above 402 room.

1. At around 15:00 on April 30, 2015, the Defendant: (a) released a locking device by force using Maskkky, which was in a usual possession of the victim’s house on the ground that smelling at the victim’s house 402; and (b) infringed upon the victim’s house, such as taking photographs into the victim’s house.

2. On May 1, 2015, from around 9:30 to 18:00 on May 1, 2015, the Defendant: (a) entered the victim’s house using Turkey to immediately lease the victim’s house; and (b) placed the victim’s goods, such as clothes, in vinyl paper, etc. at will; and (c) intruded the victim’s house by entering the victim’s house, including cleaning.

3. On May 2, 2015, the Defendant infringed upon the residence, such as entering the victim’s house from around 8:00 to 17:20, and cleaning work, and voluntarily changing the entrance and password so as to prevent the victim from using it.

4. On May 6, 2015, the Defendant sought to visit the victim’s house to talk with the victim on May 6, 2015, but the victim did not open the door, and infringed upon the victim’s residence using Masky who was in possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the Criminal Act provides that a defendant who has no record of punishment for the same kind of crime is divided into his mistake, the victim expresses his intention to “not want the punishment against the defendant,” after the prosecution, and the whole process

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