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(영문) 수원지방법원안양지원 2020.09.09 2020고단1196
주거침입
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 04:41 on April 19, 2020, the Defendant infringed upon the victim’s residence by setting up a entrance at the house of the Gu B, 1st floor, and opening the entrance in front of the front of the front of the front of the front of the front of the front.

2. On April 26, 2020, at around 04:28, the Defendant: (a) opened a entrance at the multi-households as described in the foregoing paragraph (1); and (b) opened a gate in front of the entrance; and (c) invaded upon the residence of the victim by placing the clothes of women C (a person) in front of the entrance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to C by the police;

1. Report on internal investigation (Analysis of CCTV images at the scene of occurrence) and each investigation report (the analysis of CCTV images related to a suspect's crime and the additional evidence submitted by the victim);

1. Application of Acts and subordinate statutes attached to field photographs, etc.;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence), the selection of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing of the provisional payment order is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the circumstances after the crime.

The circumstances at a disadvantage: The victim appears to have experienced considerable apprehension and fear of fear due to each of the crimes of this case, and the defendant had been subject to criminal punishment several times due to the same crime, but he/she does not know about the period of repeated crime and commits each of the crimes of this case in favor of him/her: The victim expressed his/her intention not to punish the defendant after the prosecution.

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