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(영문) 청주지방법원 2020.04.02 2019고정824
주거침입등
Text

Defendant shall be punished by a fine of 2.5 million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:00 on August 22, 2019, the Defendant: (a) was in front of the house of the victim D(S) of Seowon-gu Seo-gu B apartment C (S) in Cheongju-si, Cheongju-si; (b) was opening the door door of the victim; (c) thereby damaging the prevention device of shutting down, which is the victim’s ownership, onto the front door so that the repair cost on the market value is not possible; and (d) opened the door door and intruded into the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol of statement to D and E;

1. Article 319 (1) and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the Defendant was seriously divided and reflected in the instant crime; (b) the Defendant was extremely old and was in a place where it is difficult to drive; (c) there was no record of punishment after around 2003; and (d) other all the circumstances that form the conditions for sentencing, such as the Defendant’s character, conduct, and environment.

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