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(영문) 서울중앙지방법원 2021.03.17 2020고정2168
주거침입
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. Around 00:00 on July 10, 2016, the Defendant went up to the front of the second floor entrance of the victim C (V, 55 years old) by using the stairs through the common entrance door of the Seoul Special Metropolitan City, Gwanak-gu B and multi-household house 1, and infringed on the victim’s residence, such as moving down the kis that come from the victim’s residence rooftop, and cutting down the kis that come from the victim’s residence rooftop.

2. On June 2017, the Defendant: (a) laid up the second floor where the victim resides in the same manner in the same place as in paragraph (1) at the date in the same manner; and (b) invaded upon the victim’s residence by opening the entrance door of the victim’s residence.

3. On February 28, 2020, the Defendant: (a) went up to the second floor of the victim’s residence in the same manner as Paragraph (1) at the same place; and (b) infringed upon the victim’s residence, such as viewing a garment, which is coming from the victim’s residence on the front of the victim’s dwelling entrance, in front of the victim’s residence; and (c) seeing

4. On July 15, 2020, at around 12:00, the Defendant intruded the victim’s residence by entering the joint entrance door to bring about the bricks on the ground that the outer money residing on the first floor of the ordinary victim’s residence brought about the bricks from his house at the same place as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each statute on photographs;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act and the selection of fines for criminal facts;

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. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are the primary offenders, and are against the confession of each of the crimes of this case, the frequency and degree of intrusion upon dwelling, and other factors revealed in the oral proceedings of this case, including the character, conduct and environment of the accused, motive, means and consequence of the crime, circumstances after the crime, previous conviction, etc., shall be determined as indicated in the Disposition.

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