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(영문) 서울중앙지방법원 2017.11.20 2017고정2584
주거침입등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 9, 2017, at around 20:20, the Defendant violated the victim’s residence, such as passing through a cresh of other residents’ entry and exit through a cresh of the Dongjak-gu Seoul Metropolitan Government apartment building 705, and passing through a cresh of the victim’s residence by using an elevator to enter the 1108 entrance front of the victim D’s dwelling, and enjoying the first race.

2. On June 9, 2017, the Defendant violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc.: (a) at the place indicated in paragraph (1) around 1:08; (b) the victim did not return stolen objects; and (c) the victim’s cell phone using the Defendant’s cell phone to the victim’s cell phone, “the victim’s cell phone shall not use the same year absolutely” from the time to June 12:53, 2017, including sending the victim’s text message “at least 15 times from that time.”

Accordingly, the defendant has repeatedly reached the victim's text that arouses fear or apprehension.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Character messages;

1. Application of the Kakao Stockholm message legislation

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (the point of arrival, such as the language and text causing fear or apprehension), the selection of fines for each crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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