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(영문) 서울동부지방법원 2015.04.03 2014고정2053
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant paid 40 million won a deposit for lease on a deposit basis by the victim C(n, 65 years of age) to the tenant E of the lessor of multi-household 202 located in Gwangjin-gu Seoul Special Metropolitan City, where he live, and E has not returned the deposit for lease on a deposit basis to the victim.

On September 21, 2014, the defendant, around 21:00, entered the entrance through the opening gate of the victim's house, and the term of the lease has expired. Accordingly, the defendant, as soon as possible, damaged the peace in the residence of the victim.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. The witness C’s legal statement (the credibility is recognized in light of the fact that the defendant’s act, details of damage, and circumstances before and after the commission of the crime are consistent, specific, and otherwise the victim’s statement does not appear to be false;

1. Application of the Acts and subordinate statutes that contain some statements concerning the police suspect examination protocol to the accused;

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

1. Article 32 (1) 1 of the Act on Special Cases concerning the Rejection of Lawsuit, etc. of Application for Compensation;

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