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(영문) 서울중앙지방법원 2016.04.08 2015고단8188
주거침입
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On October 18, 2015, around 15:30, the Defendant entered the house of the victim, etc., by entering the gate opened in front of the Dongjak-gu Seoul Metropolitan Government D Original Studio in which the victim C (the age of 23) et al. resides. The Defendant infringed on the victim, etc.’s residence by bringing the victim’s house inside the house through the heat studio 106, in which the victim resides.

2. On November 22, 2015, around 15:33, the Defendant: (a) entered the gate opened in front of the “D studio” as indicated in the preceding paragraph where the victim E (n, 28 years of age) resides; and (b) invaded upon the victim’s residence by bringing in the victim’s house through the window 105, where the victim resides.

3. On November 29, 2015, around 15:20 on November 29, 2015, the Defendant entered the house of the victim, etc. by entering the door, which was opened in front of the “D studio” as stated in paragraph (1) where the victim E (n.e., 28 years of age) resides, and intrusion upon the victim, etc.’s residence by bringing the victim’s house inside through the window under subparagraph 105 of the said studio where the victim resides.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, E, or C;

1. Application of the Acts and subordinate statutes on CCTV screen at the time of committing a crime under paragraph (2) of the facts charged;

1. Article 319 of the Criminal Act and the choice of fines for the crimes in question; Article 319 of the Criminal Act and the choice of fines;

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. As to the Defendant’s assertion of mental and physical weakness under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant’s defense counsel asserts that the Defendant is a crime under mental and physical weakness due to these factors, since the Defendant suffers from mental illness, such as plastic disorder, sulphoids, personality disorder NOS, and pain.

According to the adopted evidence and the results of the examination, it can be recognized that the defendant has such diseases as receiving hospital treatment after the above diagnosis.

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