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(영문) 서울북부지방법원 2017.11.10 2017고정1475
주거침입
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is in a bad relationship with the spouse C (the remaining and 36 years of age) of the victim C.

1. On June 13, 2017, around 07:50 on June 13, 2017, the Defendant entered the victim’s residence, E Apartment 101 Dong 604, Seoul Special Metropolitan City, Nowon-gu, into the victim’s residence, and invaded the victim’s residence by having sexual intercourse with the victim’s spouse.

2. On June 14, 2017, at around 19:00, the Defendant entered the victim’s residence as stipulated in paragraph (1) and invaded upon the victim’s residence by having sexual intercourse with the victim’s spouse through the entrance door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the broadband text messages, CDs (CCTV video) statute;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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