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(영문) 서울남부지방법원 2014.01.16 2013고정2948
주거침입등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a successful bidder of Gangseo-gu Seoul Metropolitan Government D Housing Operation 302, where the victim C was living.

1. On June 3, 2013, the Defendant: (a) around 19:00 on June 3, 2013, the Defendant: (b) opened a entrance door and intruded on the victim’s residence in mind that the victim would exercise his/her ownership to the said place between the Plaintiff and his/her house in Gangseo-gu Seoul Metropolitan Government.

2. On June 3, 2013, from around 19:00 to June 19:00 on June 17, 2013, the Defendant destroyed and damaged property worth KRW 2,66,000 at the market price, such as sexual harassment on the victim’s possession, book, and decoration, which was in mind of exercising ownership at the same place as referred to in the preceding paragraph.

Summary of Evidence

1. C’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to C by the police;

1. Certification letter of E preparation;

1. A complaint;

1. Investigation report (Investigation of statements made by shots);

1. Investigation reports (to hear statements and reports on damage);

1. A list of damaged articles;

1. Copies of the Internet auction case and search;

1. Application of statutes governing court decisions;

1. Article 319 (1) and Article 366 of the Criminal Act and the choice of fines for the crime;

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

1. Articles 70 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;

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