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(영문) 수원지방법원 2015.06.11 2015고정1009
주거침입등
Text

A fine of KRW 1,00,00 shall be imposed on the first offense in the judgment of the defendant, and a fine of KRW 300,000 shall be imposed on the second offense in the judgment.

Reasons

Punishment of the crime

[Criminal Power] On June 14, 2013, the Defendant was sentenced to a suspended sentence of two years on June 22, 2013 at the Seoul Central District Court for the violation of the Road Traffic Act, and the judgment became final and conclusive on June 22, 2013.

【Criminal Facts】

"2015 Highly 1009"

1. On August 7, 2013, the Defendant: (a) around 20:48, at the residence of the victim C(35 years old) of the C(45 years old); (b) opened a gate with defective talks about the victim’s house and did not correct it without permission; and (c) invaded the victim’s residence, thereby impairing the peace of the victim’s residence.

"2015 Highly 1010"

2. The Defendant is a holder of DPoter vehicles.

No automobile which is not covered by liability insurance shall be operated on the road.

Nevertheless, around 14:05 on August 2, 2011, the Defendant operated the said vehicle, which was not covered by liability insurance, at the entrance distance at the Sejong Magdong Elementary School at Osan-si.

Summary of Evidence

"2015 Highly 1009"

1. Defendant's legal statement;

1. C’s protocol of statement of the police station: “2015 high-level 1010”;

1. Defendant's legal statement;

1. Inquiry into the mandatory insurance contract terms and conditions, and inquiry into non-insurance operation vehicles;

1. The register of motor vehicles:

1. Application of Acts and subordinate statutes on criminal records, etc., inquiry reports (no more than 31 pages of investigation records in cases 2015 high-level 1009);

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (amended by Act No. 11369, Feb. 22, 2012); Article 46(2) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012); the main text of Article 8, and the selection of fines, respectively.

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act to treat concurrent crimes (the crimes of subparagraph 2 at the time of market and the crimes of violation of the Road Traffic Act, etc., of which judgment becomes final);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the violation of the Guarantee of Automobile Accident Compensation Act for the sentencing of Article 334(1) of the Criminal Procedure Act, each of the provisional payment orders, taking into account equity in the case where the concurrent crimes are punished simultaneously with the concurrent crimes.

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