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(영문) 광주지방법원 목포지원 2017.04.28 2016고정516
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

around 16:00 on May 19, 2016, the Defendant opened a 114-dong 17th floor of the C apartment building in a manner that it is impossible to know the joint entrance of the 17th floor, and infringed upon the victim’s residence by placing the 1701st floor door door of the victim D’s house in a stick, leading the Belgium to the gate number of the gate, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written statement;

1. The front photograph of the apartment joint entrance [the defendant and his defense counsel argued to the effect that there was a victim's understanding about the defendant's finding in the victim's residence, but the victim stated from this court that there was no time that the defendant was living together with the defendant at the time of this court, and the defendant also stated that the defendant will walk the victim's telephone before finding the victim's residence from this court to the victim's house.

However, the victim did not live in the house, and the victim did not go before the door to verify whether the victim actually was in the house.

In light of this, there was an understanding of the victim about the defendant's finding as the victim's residence.

As such, the above argument cannot be seen as being applicable to the law.

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

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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