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(영문) 서울서부지방법원 2021.02.16 2020고단3843
주거침입
Text

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

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

Reasons

Punishment of the crime

On September 24, 2020, around 22:40, the Defendant discovered the victim D (e.g., 21 years of age) in front of the “C” store located in Mapo-gu Seoul Metropolitan Government, and followed by the Defendant, the Defendant: (a) opened the victim D’s residence corridor according to the victim D through the joint entrance that was not corrected by the victim D, who entered the house of male-child and friendly arrester G ( South, 26 years of age) located in the same EF of the same Gu; and (b) infringed upon the victim D’s residence by opening the toilet window installed for the victim’s corridor to enter the above residence toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. Application of Acts and subordinate statutes to a report on the occurrence of a house, each internal investigation report or investigation report (verification of a damaged field, inspection of CCTV at the scene, investigation into a suspect's access road, tracking investigation into a suspect's escape, victim's specific

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. The reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act to be taken into account, the following circumstances, and other various conditions of sentencing as shown in the argument of the instant case shall be determined as set forth in the text.

In light of the circumstances, there is a need to consider the disadvantages that the workplace can receive in the instant case in light of the following: (a) the actual risk of intrusion or the victim's suffering from mental shock; (b) the actual intent of intrusion is weak; and (c) the victims have agreed smoothly with the victims; (d) the victims have long history of punishment; (b) the victims have long history of punishment; and (c) the victims have reflectd themselves; and (d) the victims have suffered from the workplace in the instant case.

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