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(영문) 의정부지방법원고양지원 2020.10.23 2020고정445
주거침입등
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

1. Around 04:00 on March 30, 2020, the Defendant was in front of the Victim C’s house located in Pariju-si, Pari-si, Pari-si, Pari-si, 2020, and opened a door to meet the victim, but the victim was able to open the door, thereby infringing on the victim’s house’s residence.

2. Around 04:20 on March 30, 2020, the Defendant affected the victim’s residence, and damaged the victim’s house by gathering three infinites, one infinites, and one infinites, one infinites, and one infinites on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing photographs of damaged articles;

1. Relevant Article 319(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and 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. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, although it is not good for the defendant to be committed, the defendant states that all the facts charged are recognized and reflected, the victim does not want the punishment of the defendant, and that there is no criminal record exceeding the previous and fine, etc. In addition, considering favorable circumstances favorable to the defendant, the punishment as ordered shall be determined by taking into account the relationship between the defendant and the victim, the age, character and behavior, health status, family relationship, means and consequence of the crime, circumstances after the crime, etc.

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