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(영문) 수원지방법원 성남지원 2016.09.22 2016고정930
특수주거침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 8, 2016, at around 04:15, the Defendant infringed upon the victim’s house located in Gwangju-si, Gwangju-si, the Defendant and the victim’s house located in Gwangju-si (62, hereinafter “D”), with the victim’s voice, and the victim’s house located in the “D” main points, with the victim’s voice, and invaded the victim’s house by entering the victim’s house.

2. Special damage Defendant: (a) destroyed the unexplosive glass of the market price by cutting the knife, knife, knife, knife glass at the time of intrusion upon the victim’s residence, as set forth in paragraph (1).

3. Special intimidation: (a) the Defendant: (b) carried a knife with a dangerous object, carried a knife, displayed the knife in the victim’s residence; and (c) told the victim of a knife with a knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of report of 112 cases, and application of Acts and subordinate statutes to photographs;

1. Article 320, Article 319 (1) of the Criminal Act related to the crime, Article 369 (1) and Article 366 of the Criminal Act, and Articles 284 and 283 (1) of the Criminal Act concerning the crime;

1. Selection of each selective fine (special crime of intrusion upon residence is prescribed by imprisonment, but a fine shall be imposed inasmuch as the principle of prohibition of disadvantageous change is applied as the case is charged with summary punishment by a fine. Considering the victim's penalty in terms of source of

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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