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(영문) 대전지방법원 2018.06.01 2017고정1563
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 May 9, 2017, between 15:00 to 16:00, the Defendant entered the password known in advance to the residence of the victim, on the ground that he/she confirmed whether the victim was bringing his/her oil, and confirmed whether the victim was bringing his/her oil.

Summary of Evidence

1. Partial statement of the defendant (as at the second public trial date);

1. Partial statement of the witness D;

1. Each police statement on D (the defendant entered the residence of the victim to verify whether the victim brought his/her oil or not)

The statement (Evidence No. 20 pages), the fact that the victim does not seem to have consented to entering the victim's residence for the above purpose, and the defendant was in the state of hedging with the victim at the time in the investigative agency and this court.

There is no permission to be made even.

The application of the Act and subordinate statutes to the effect that “A statement was made to the effect that the victim made a statement consistent with the Defendant’s assertion, but such statement appears to have been made by the Defendant because the Defendant did not want to be punished by the victim, etc., sufficiently recognized that the Defendant infringed upon the victim’s residence without the victim’s permission.”

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the fact that the injured person does not want the punishment of the accused, that the accused is a primary offender who has no record of criminal punishment, and that there are circumstances that may be taken into account the circumstances leading to the instant crime);

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