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(영문) 서울서부지방법원 2017.12.14 2017고단742
주거침입
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is a lessee who entered into a lease contract on the building of the victim D, and the defendant A and the defendant B became aware of in the Edridton club.

From July 31, 2012 to July 31, 2017, Defendant A entered into a lease contract between five years on the second floor of the building owned by the injured party. On September 17, 2016, Defendant A and the injured party agreed on the termination of the lease contract, and the injured party remitted the deposit amount of KRW 12950,000 to Defendant A out of KRW 70,000,000,000, which should be refunded to Defendant A on the ground that the repair cost was paid for the repair work. However, Defendant A had a dissatisfaction.

Accordingly, the Defendants jointly intruded on their residence without permission against the will of the victim, who is the owner of the building, by jointly setting up the door door of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the second floor on October 21, 2016, after setting up the door door of the Defendant A, and changing the password.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The witness D’s legal statement (as to Defendant A)

1. Statement of the witness examination protocol other than the date for examination of witness D (defendant B)

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 319(1) and 319(1)30 of the Criminal Act; and the choice of fines

1. Defendants to be suspended from sentence: Fine of 500,000 won; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (the custody in prison: one day per each one million won);

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence [This crime is an incomplete and misleading aspect of the agreement on the termination of the lease agreement between Defendant A and the victim, taking into account the circumstances leading to the crime, the fact that the damaged person does not want the punishment of the Defendants, and the fact that the Defendants were the initial offender or did not have the same criminal history];

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