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(영문) 인천지방법원 2014.10.10 2014고정2706
주거침입
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 1, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) at the Incheon District Court, and the judgment became final and conclusive on May 9, 2014.

On April 9, 2014, at around 14:08, the Defendant entered the house of the victim, such as the victim D (n, 44 years of age) located in Nam-gu Incheon Metropolitan City, through a gate opened by a multi-household gate in which many households, such as the victim D (n, 44 years of age), reside, and infringed upon the victim’s residence, such as opening the door door above the 101 gate in which the victim is living, and opening the door door outside the gate and bringing it into the door, and bringing it into the door.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Written statements of D;

1. On-site photographs;

1. Previous convictions in judgment: Results of case search, and application of Acts and subordinate statutes of a written judgment;

1. Article 319(1) of the Criminal Act and Article 319(1) of the Criminal Act regarding criminal facts, the choice of a fine [the defendant is alleged to the effect that the defendant was in an insane or a state of mental disorder under the influence of alcohol at the time of the crime of this case. However, in light of the circumstances leading to the crime of this case, the defendant's means and method of crime, and the circumstances after the crime of this case, it is not deemed that the defendant had no or weak ability to discern things at the time of the crime of this case, and thus, the defendant's assertion is rejected

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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