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(영문) 전주지방법원 군산지원 2017.08.25 2017고정224
주거침입
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 a person who has no fixed occupation.

From around 2013, the Defendant, from around 2013, leased the apartment house B and the apartment house 9 owned by the victim C in writing and moved to the French land on May 16, 2016.

1. On September 1, 2016, around 01:00, the Defendant: (a) was drunkly in a multi-household house owned by the above victim; and (b) went into the said multi-family house through a gate with which the Defendant did not correct lockedly from the room prior to the Defendant; and (c) infringed upon the victim’s residence.

2. Around 01:00 on September 10, 2016, the Defendant: (a) under the influence of alcohol, entered the said multi-household house into the said multi-household house with a 9-house visit (80cm wide, 190cm long, 190cm long) where a person could not enter the house after entering the house in which the Defendant had been under the influence of alcohol, and the Defendant did not correct it in mind; and (b) entered the said multi-household house with a dial house with a view to not correcting it; and (c) entered the said multi-household house in his/her possession;

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 319 (1) of the Criminal Act (the point of intrusion upon each house) and the selection of each fine concerning the facts constituting an offense;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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