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(영문) 서울북부지방법원 2020.01.09 2019고단1279
주거침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 20, 2018, the Defendant was found in order to resist financial relations in the residence of the victim D (Inn, 64 years of age) of Gangnam-gu Seoul, Gangnam-gu, Seoul, in order to resist the relationship of money, and the victim did not answer to the question who opened the gate by using the crepan that the victim opened the gate and intrudes on the victim’s residence.

2. The Defendant causing property damage, at the time and place as referred to in paragraph (1), caused the victim to break away the Defendant’s disorderly act from a mobile phone to put the Defendant’s disorderly act on the cell phone so that the victim can have 132,000 won of the cost of repairing the cell phone, which is the victim’s possession.

3. On the date and time set forth in paragraph 1, the Defendant committed assault, such as: (a) the victim resisted the victim in order to take the cell phone that the victim set up inside the victim’s residence; (b) the victim gets a bridge, which is a dangerous object; and (c) the victim satisfing the victim with his/her upper arms.

4. Around 22:49 on the same day as set forth in paragraph (1), the Defendant: (a) waited for a female victim from a hospital on the first floor of an apartment building; (b) followed the elevator along with the victim; and (c) fighting the victim’s body by drawing the victim from the elevator in the elevator and causing the victim to set the mobile phone, and assault both the victim’s hand and neck by drinking.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D and E;

1. A medical certificate of injury and a photograph of damaged part;

1. An elevator CCTV-cape photograph;

1. Application of the Acts and subordinate statutes on mobile phone pictures and estimates;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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