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(영문) 서울북부지방법원 2020.09.11 2020고단2654
주거침입등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 26, 2020, at around 04:33, the Defendant entered the D Public Notice Center, where the victim C (Nam and 59 years of age) located in the Seoul Jung-gu B and the second floor, and entered it through the entrance, which was not corrected in order to correct the failure on the ground that it would not be good for the director and appraisal of the K Public Notice Center.

Accordingly, the defendant invadedd the residence of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the C’s written statement to the investigative report (victim C’s statement hearing), photographs, such as the scene of an investigation report (verification of CCTVs in a DNA published source), photographs of the victim C’s situation at the time of damage, and the application of the Seoul Jongno-gu Seoul Metropolitan Government Da publicly announced source CCTV

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to six months of imprisonment for the crime of indecent act by force on April 18, 2019, and did not know even though the execution of the sentence was completed on July 21, 2019, even though it is a repeated period, there is a lot of possibility of criticism for the instant crime.

Provided, That the punishment as ordered shall be determined by comprehensively taking account of the following circumstances, including the fact that the defendant is recognized as committing the crime, the fact that the victim does not want the punishment of the defendant, the fact that the defendant does not want to do so any more and more, the defendant's age, character and conduct, environment, health conditions, the circumstances after the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records.

On June 26, 2020, at around 04:33 on June 26, 2020, the Defendant: (a) received the demand from the public notice Board B and the public notice Board to leave the scene; (b) got out of the same as the victim, and (c) got the victim’s neck down.

Accordingly, the defendant assaulted the victim.

2. This part of the facts charged is the Criminal Act.

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