(영문) 제주지방법원 2014.05.30 2014고정179

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(영문) 제주지방법원 2014.05.30 2014고정179

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

On June 23, 2013, at around 23:50, the Defendant entered the residence of the victim via the first floor gate of D Housing (second floor building) in Jeju where the victim C resides.

Summary of Evidence

1. Partial statement of the defendant;

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

1. The defense counsel's defense counsel's assertion of witness C and E's testimony at the time of the case asserts that at the time of the case, at the time of the case, the defendant sent a 6 photograph of the evidence No. 1-6 photograph of the victim's entrance to the building where the victim was living, and the victim tried to move his house immediately next to the building, and that there was no act detrimental to the peace and peace of the victim's residence since the victim moved his house. However, according to the evidence, the defendant was found to have taken the door of the entrance of the building and entered the inside, and considering the surrounding circumstances at the time, the defendant's act was judged to have reached the extent that it could undermine the peace and peace of the residence. Thus, the crime of intrusion upon residence is established.

On a different premise, the foregoing argument cannot be accepted.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 330 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: A sentence shall be imposed as ordered by taking into account all the following circumstances as a result of the sentencing of Article 334(1) of the Criminal Procedure Act: The degree of harm to the peace of residence is not much severe; there is no criminal record of the same kind: It is so decided as per Disposition by the reason above, such as the motive, circumstances after the crime, and the defendant's existing criminal record relation.

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유사 판례

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