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(영문) 서울북부지방법원 2020.02.12 2019고정1840
주거침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. From September 10, 2019 to 00:30 to 01:10 on September 10, 2019, the Defendant infringed upon the victim’s residence by making the victim’s D (n, 20 years of age) in front of the Dobong-gu Seoul Metropolitan Government B apartment Cdong, a fluencing sob by drinking and drinking, and by forcing the victim’s home windows through the joint entrance door on the first floor of apartment.

2. The Defendant forcedly opened a window at the date, time, and at the place under the above Paragraph 1, and led the victim to a shoulder-sicker disease, which is a dangerous object in order to mislead the Defendant, while going out of and communicating with the outside, and threatened the victim with “I have to kill himself/herself by intimidation.” The victim threatened the victim with “I have to kill himself/herself at his/her house”, and threatened the victim with a shoulder-sicker’s disease, which is a dangerous object, such as forcing him/her to go back to the front parking lot of the Seoul Dobong-gu Seoul Metropolitan Government F building, in front of his/her residence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reports (including photographs attached toCCTV Confirmation-);

1. Article 319(1) of the Criminal Act applicable to the relevant criminal facts (the point of intrusion upon residence), Articles 284 and 283(1) of the Criminal Act, and the selection of fines for negligence;

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. In view of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order citing dangerous things on the ground that the defendant is the victim's hedging, and that the victim's dwelling is notifying the harm and injury, it is reasonable to strictly punish the defendant.

Provided, That the punishment of the defendant shall be determined in consideration of the fact that the defendant's mistake is repented late and the victim does not want the punishment of the defendant, and that there is no criminal power against the defendant, in consideration of the fact that the defendant does not have any criminal power.

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