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(영문) 대구지방법원 안동지원 2017.07.11 2017고정25
주거침입
Text

Defendant shall be punished by a fine of KRW 100,000.

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

Reasons

Criminal facts

On October 25, 2015, at the time of permanent residence B around 17:00, the Defendant invadedd the victim C at his residence, and her hump to the victim, and hump to the victim, and invaded upon the victim’s residence by avoiding the disturbance, thereby impairing the peace of the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to C and D;

1. In the investigation report (the case where the defendant's complainant filed a complaint against the complainant and the case related to the attachment of the case where the complainant invadeds upon the defendant's residence / [the defendant's neighboring resident D's house and the case where the defendant entered the victim's house as the neighbor D's house, so it is not intrusion. However, according to the evidence above, the facts of entering the victim's house can be acknowledged without the victim's consent without the victim's consent, and even according to the assertion, the above assertion cannot be accepted.

However, a fine for summary order shall be reduced in consideration of the circumstances leading to the instant case, the degree of intrusion, etc.

Application of Statutes

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