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(영문) 대전지방법원 천안지원 2014.12.30 2014고정783
주거침입등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, as the de facto owner of Asan City Carryover 202:

1. On December 30, 2013, around 13:05, the victim D, who resides in the above CBL 202, did not enter into a lease agreement with himself/herself, and the lease agreement with the former owner E was null and void, and the victim replaced the entrance gate electronic key between the outing and the outing, and intruded upon the victim’s residence;

2. At the above date, at the above time and place, the victim’s present electronic key was unusable by replacing it with other electronic key, thereby damaging the victim’s property in an amount equivalent to KRW 200,000.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a real estate lease contract and a fixed date application;

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act (the point of destruction and damage of property), and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

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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