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(영문) 청주지방법원 2015.06.11 2014고정1022
주거침입
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On April 26, 2014, around 16:30, the Defendant entered the victim’s house of the victim D (n, 69 years of age) located in the Chungcheongbuk-gun C, and intruded the victim’s residence through an open gate to comply with it under the influence of alcohol on the ground that the victim was frighting himself/herself.

2. Around 09:00 on April 27, 2014, the Defendant entered the victim’s residence through an open gate under the influence of alcohol for the same reason as the foregoing paragraph (1) at the same place as the foregoing paragraph (1) and infringed upon the victim’s house.

3. At around 11:15 on the same day as the above 2nd day, the Defendant: (a) opened the gate in the same place as above 11:15, and (b) went through a place outside the fence under the influence of alcohol for the same reason as the above 1st day, and intruded into the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of punishment;

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

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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