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(영문) 수원지방법원 성남지원 2018.05.02 2017고단3512
주거침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 17, 2017, at around 23:40, the Defendant was in front of the entrance of the first floor of the apartment unit B in Sung-nam-si, Sungnam-si, the first floor of the apartment unit B, which is a residence of the victim D (n, 57 years old), living together with the above C, in order to meet the said apartment unit C, with a view to gathering the 1st floor of the apartment unit B, which is a house of the victim D (n, n, e.g., the 57 years old), but the victim changed the opening of the 1st floor. However, the Defendant refused it, the Defendant entered the said apartment unit by opening the 1st floor door and entering the front corridor of the victim’s residence, and intruded the victim’s residence into the front corridor of the above apartment unit.

2. The Defendant damaged the property by opening the front door of the above apartment building, where the market price of the victim’s possession is unknown at the above date and at the above place, but the victim opened a fire hydrant at the above front door on the ground that the victim does not open the front door and then putting the fire fighters off the front door and knife so that the above front door and the knife can be cut off on the front door and the knife knife can be displayed on the front door.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. Application of the Acts and subordinate statutes to damaged photographs and fire hydrants photographs;

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act (the point of damage to property) and selection of each fine for the crime;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the defendant repeats the crime during the period of repeated crime, and that the defendant has a record of the same kind of crime is disadvantageous.

However, the victims are not punished due to the agreement with the victims, the extent of damage is not significant, the defendant repents and reflects the mistakes, and the age, occupation, sex, family relationship of the defendant.

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