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(영문) 서울중앙지방법원 2021.02.04 2020고단8454
주거침입
Text

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

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

Reasons

Punishment of the crime

On July 23, 2020, around 21:47, the Defendant boarded the subway station located in Jungcheon-gu Seoul Metropolitan Government, and around 22:35 on the same day, the Defendant left the Dobongcheon-dong located in Seocheon-gu, Seoul Special Metropolitan City, and discovered the victim B (n, 24 years old) around that day.

At around 22:57 on the same day, the Defendant followed the victim's residence, which is a residence of the victim in Gwanak-gu, Seoul Special Metropolitan City, and entered the victim, following the victim's access card, and entered the victim's OO lending , and then getting off and off the elevator with the victim, and confirmed the victim's residence care room from the 5th floor, and invaded the victim's residence by two installments of the first person of the victim's residence.

Summary of Evidence

1. Application of the Defendant’s legal statement B written investigation report (on-site search and analysis of CCTV images) to investigation report (victim B telephone conversations);

1. A fine of choice of punishment under Article 319 (1) of the Criminal Act for a crime (in cases of an initial crime, an agreement with the victim, and no evidence exists to presume that an intrusion was committed with the intent to commit another crime) under Article 319 of the same Act;

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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