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(영문) 대구지방법원 안동지원 2016.09.06 2016고정114
주거침입
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

피고인은 2016. 3. 29. 00:25경 영주시 C에 있는 피해자 D의 집에 아무런 허락 없이 들어가서 같은 날 00:40경까지 시정되지 않은 베란다 샷시문을 열고 술에 취한 상태로 평소 피해자의 외양간에 냄새가 난다는 이유로 큰소리로 피해자를 부르며 현관문을 두드리며 소란을 피웠다.

Accordingly, the defendant invadedd the victim's residence and harming peace.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The Defendant and his defense counsel asserted to the effect that the act of this case was an act of entering the victim’s residence in order to divide into malodor problems from the victim’s appearance, and that the act of this case does not constitute a intrusion upon the victim’s residence or does not violate the social rules. However, in light of the motive and circumstance of the crime of this case, the act of this case, the form of the act, and the circumstances after the crime, etc. acknowledged by the evidence adopted above, the fact that the Defendant committed the act as stated in the facts constituting the crime of this case can be acknowledged, and such act cannot be deemed to have satisfied the requirements of the act that does not violate the social norms. Accordingly, the Defendant and his defense counsel’

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act regarding criminal facts (the amount of fine for a summary order shall be reduced by taking into account all the circumstances, such as the selection of fines and motive for crimes);

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 of the provisional payment order;

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