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(영문) 서울동부지방법원 2020.11.18 2020고정963
주거침입등
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who works as an acting driver.

1. Around 18:45 on July 12, 2020, the Defendant, while under the influence of alcohol in front of the residence of the victim C(40 years of age) located in Gwangjin-gu Seoul Special Metropolitan City, opened a house gate and entered the said gate, and opened a gate with the stairs and entered the gate.

In this respect, the defendant violated the victim's residence.

2. The injured Defendant demanded the victim to leave the house several times at the date, time, and place set forth in paragraph 1, but the victim refused to leave the house, and the victim was able to unfold the part of the victim's arm's length with the left hand, so far as the victim's body was unfolded so that the victim's body was faced with the part of the victim's body, and the victim was faced with the victim's body, thereby causing about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Damage photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) and Article 319(1) of the Criminal Act concerning criminal facts, the choice of a fine for negligence, and the choice of a fine for negligence;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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