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(영문) 서울북부지방법원 2016.12.02 2016고정1260
주거침입
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the head of the house of the Dongdaemun-gu Seoul Metropolitan Government multi-household, and the victim D(61) is the tenant who resides in the above house B1.

1. On October 2015, the Defendant opened a locked door and intruded on the victim’s residence by using a auxiliary key possessed for electrical construction without the victim’s consent, when the Defendant came to the house of the said victim during the mid-term and irregular hours.

2. On January 28, 2016, at around 19:00, the Defendant opened a locked gate and went into a locked gate to close the boiler room without the consent of the victim and infringed upon the victim’s residence.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Part concerning D's statement in the witness examination protocol of this court concerning D's witness examination

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (on-site investigation), investigation report (the date specified in paragraph (1) of this Article);

1. Relevant Article 319 (1) of the Criminal Act concerning facts constituting an offense and Article 319 (1) of the same Act concerning the selection of punishment;

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

1. A fine not exceeding 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) that the defendant will not have the same day in the future; Article 59 (1) of the suspended sentence (see, e.g., Article 59 (1) of the Criminal Act; Article 59 (1)

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