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(영문) 수원지방법원 2019.06.12 2019고정673
주거침입
Text

Defendant

B shall be punished by a fine of KRW 300,00.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

The Defendants need to consent to use land E, the co-owners of the land located adjacent to the above land, in order to newly construct a house on the land located in Young-si population C. However, although they expressed their intent to “the land to find it a house” without permission to use the land, the Defendants were found as the above E’s house and were willing to obtain the consent to use the above land.

1. Defendant B’s crime committed on June 12, 2018: (a) around 21:15, Defendant B, via the joint entrance door, opened in the K apartment G-dong of the Young-si Suwon-si, G, and opened up the entrance door to the first front of the victim of the wife of the above E, and invaded the victim’s residence.

2. On June 14, 2018, the Defendants, along with the Defendants, invaded upon the victim’s residence by opening the door door door up to the first place of residence of the victim H, through the joint entrance door opened in the F apartment G, Young-si, Suwon-si around 21:00.

Summary of Evidence

1. Defendants’ partial statement

1. The police statement of E and H;

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

1. Article 319(1) and Article 30 of the Criminal Act; Article 319(1) and Article 319(2) of the Criminal Act; Article 319(1) of the Criminal Act; Articles 319(1) and 30 of the Criminal Act; Articles 319(1) and 30 of the Criminal Act; Selection of fines;

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

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

1. Suspension of sentence (a sentence to be suspended: a fine of 200,000 won, a fine of 100,000 won per day for detention in a workhouse) Defendant A: Article 59(1) of the Criminal Act (i.e., the circumstances to be taken into account in light of the circumstances of criminal conduct, and the fact that the Defendant has no criminal history)

1. Defendant A, along with B, is in the G-dong of the Suwon-si District F apartment around June 12, 2018.

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