logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2016.10.27 2016고정81
주거침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 27, 2015, at around 18:30 on December 27, 2015, the Defendant stated that the victim D (n, 51 years of age) located in the Namnam-gun C was gathered by the village residents after deducting himself and E, and that the Defendant posted a stick carried by eight community residents, such as F, into the home room of the victim and carried it into the house of the victim.

Accordingly, the defendant invadedd the victim's residence, and openly insultd the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police protocol of F, G, and H;

1. The defendant asserts to the effect that he did not have any entry into the victim's house and had no desire to do so as stated in the facts constituting a crime. However, in investigation agencies and this court, the victim consistently stated in detail the victim's house and the circumstances leading up to the defendant's abusivement, the statement and behavior at the time, response of the victim, etc., and the witness's statement also conforms to the victim's statement. As such, the victim's statement that conforms to the facts constituting a crime in the judgment is credibility. According to the victim's statement, the victim's statement can be acknowledged that the defendant entered the victim's house without the victim's explicit or implied permission and made the victim's abusive speech at the victim's house without the victim's explicit or implied permission. Thus, the defendant's above assertion is

1. Relevant Article 319(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow