(영문) 울산지방법원 2019.10.11 2019고단2386

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(영문) 울산지방법원 2019.10.11 2019고단2386

주거침입

Text

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

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

Reasons

Punishment of the crime

On May 11, 2019, at around 05:10, the Defendant: (a) opened a entrance that had not been corrected in the first floor of the victim C (n, 72 years of age) located in Ulsan-gu building B; (b) was immediately knee height and room; and (c) confirmed that the said place was a general family house, not a restaurant or a main store, and infringed upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police protocol concerning C;

1. 112 Reporting case handling table (Evidence records, 65 pages);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) the nature and circumstance of the crime is not good in light of the method and form of the crime; (b) the attitude of the defendant's committing the crime at the time of the crime; (c) the elderly female victims, who had been divingd due to the crime at the time, appeared to have been exposed to considerable fear and mental impulse; (d) the victim did not agree with or did not recover from damage; and (e) there were many records of having been punished for the same violent crime until now; and (e) on December 13, 2018, the court sentenced four months of imprisonment to the crime of this case to the crime of this case to the crime of this case to the crime of this case to the crime of this case to the effect that the possibility of criticism is not small; and (e) the attitude of the defendant to recognize and reflect the crime of this case to the defendant at the time of his committing the crime; and (e) the crime of this case to the crime of this case to the punishment of this case of this case to 10.

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