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(영문) 창원지방법원 진주지원 2017.01.19 2015고정575
주거침입
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 28, 2014, around 23:40 on March 28, 2014, the Defendant demanded a conversation on the case in which the injured party filed a criminal complaint against the Defendant’s imprisonment E, and passed through the closed gate without capital, and intruded the victim’s dwelling by entering the victim’s house.

2. On April 5, 2014, around 09:25, the Defendant went through the victim’s house and opened for the same reason as the foregoing paragraph 1, and went through the victim’s house and intrudes on the victim’s residence.

3. On May 1, 2014, around 08:30 on May 1, 2014, the Defendant passed through the victim’s house and was open to the victim’s house, and went into the victim’s house and infringed upon the victim’s house.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written statement;

1. Results of on-site inspections by this court;

1. Application of the CCTV image closure photographs, forest register, aerial photography, and field photograph-related Acts and subordinate statutes;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act concerning the facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act (the defendant's assertion and judgment) of the Provisional Payment Order;

1. The Defendant asserts to the effect that the Defendant’s entry into each time and place of criminal facts was true, or entered or entered with the consent of the victim, and immediately returned to the site, and thus constitutes a justifiable act that does not contravene social norms.

2. According to the evidence as seen earlier, the Defendant arbitrarily enters each place indicated in the facts of crime in order to meet the victim to resolve disputes arising in connection with the sales contract concluded between the Defendant’s penal E and the victim D, and the victim’s wife F and the victim’s wife F and the Defendant’s Defendant’s contact with the Defendant in order to avoid the meeting with the Defendant.

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