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(영문) 서울북부지방법원 2016.12.08 2016고정1561
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 23, 2016, at around 03:20 on April 23, 2016, the Defendant was leading to a multi-household D multi-household in Seoul, the residence of the victim C (M, 23 years of age).

The defendant was lengthed to recover clothes, etc. kept by himself in his residence 】 multi-household 】 victim's residence.

However, the defendant was not in a situation to return goods because of the night time, and there was no permission from the victim to enter the above house.

Nevertheless, the defendant opened the above multi-household door and opened it, and the multi-household house in which the victim resides 】 】 intrusion before the front of the door.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement to E by the police;

1. C’s written statement [The defendant, according to the above evidence, can be recognized that he/she entered the front of the above multi-household house in spite of the police officers’ several times, and thus, he/she intentionally intruded on the victim’s residence, and thus, the defendant is deemed to have intentionally infringed on the victim’

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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