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(영문) 서울동부지방법원 2019.08.20 2019고정256
주거침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is in a divorce lawsuit with the husband of the defendant who is the father of the victim who is in a high-income relationship with the victim B(n, 64 years of age), and a child of the victim.

1. Around 14:00 on May 9, 2018, the Defendant entering a residence was at the victim’s house located in Gangdong-gu Seoul Metropolitan Government D, and the victim left the house and went into the house, and then, in order to open the entrance door, the Defendant intruded the victim’s house into the house by pushing the victim with the cresh of the entrance door and breaking it in front of the entrance.

2. The Defendant was forced to enter the victim’s residence at a time, place, and assaulted the victim, who is a lineal ascendant or descendant of the spouse, so far as the victim’s chest was unfolded by force.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Application of the police protocol protocol law to B

1. Relevant Article 319(1) of the Criminal Act, Article 260(2) and (1) of the Criminal Act (the point of violence), the choice of each fine 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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