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(영문) 청주지방법원 2020.11.19 2020고정628
건조물침입등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2017, the Defendant: “B shall pay to the Defendant 17,440,910 won and the annual interest rate of 15% from October 20, 2016 to the date of full payment” at the Cheongju District Court: (a) in civil judgment, B did not pay the Defendant money; (b) did not request the Defendant to recover the Defendant’s workplace and house with the victim C, who is the victim B and his spouse.

1. At around 18:00 on October 15, 2017, the Defendant affected the structure of the victims by entering the factory (ju) E, which is operated by the victims in the petition-gu, Cheongju-si, and without the consent of the victims, into the entrance and exit door, and invaded the structure of the victims.

From that time until October 16, 2019, the Defendant invadedd the structure of the victims by the same method ten times in total, as shown in the attached list of crimes.

2. Intrusion upon residence;

A. On December 29, 2019, around 09:10 on December 29, 2019, the Defendant came into the house of the victims who were in F in the petition district, and went into the house of the victims without the consent of the victims, and invaded upon the victims’ residence.

B. On February 16, 2020, around 09:27, the Defendant came into the house of the victims who were in the Gu F at the time of Cheongju, and infringed upon the victims’ residence without their consent.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statements, written complaints, accompanying documents, and statutes to B and C;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act concerning the applicable criminal facts, the choice of fines;

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

1. Article 62 (1) of the Criminal Act;

1. The detention in a workhouse (in a case where the suspension of execution of sentence is invalidated or revoked) appears to be reasonable in light of the circumstances leading to the crime of sentencing in Articles 70(1) and 69(2) of the Criminal Act, and there is no power to punish except once a fine.

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