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(영문) 수원지방법원 2019.09.06 2019고정790
주거침입
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is a married couple who has been living separately from the victim B for about three years, and is in a divorce lawsuit with the victim.

On January 21, 2019, around 15:00, the Defendant came to the house of the victim located in Suwon-si C, Suwon-si, and the victim’s son’s son and son moved to the seat of his house in order to remove waste.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes to investigative reports (victim protective order certificates and detailed statement of 112 reports);

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 (Article 334(1) of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act) provides that each statement made by B and D investigation agency about the fact that the victims had entered the place of their residence as stated in the facts constituting a crime in the judgment of the defendant is mutually consistent and specific, and credibility is recognized as being recognized. The temporary background stated in the facts constituting a crime in the judgment of the court below was the beginning of the separate dwelling between B and B, etc., and thus, the house constitutes a space in which the peace of residence is maintained by being separated from the defendant. However, since the defendant entered B and D’s house in separate dwelling without the above consent, the defendant

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