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(영문) 인천지방법원 2019.05.31 2019고정441
주거침입등
Text

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

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

Reasons

Punishment of the crime

1. On October 25, 2018, the Defendant: (a) destroyed and damaged property by inserting the key repair businessman in order to enter the Incheon Western Building with knowledge that the victim B had resided in the Seo-gu building from one year to one year; and (b) destroyed and damaged the front door of 110,000 won in the market value of the victim’s possession.

2. In the date, time, time, and place specified in paragraph (1), the Defendant violated the victim’s residence by destroying the victim’s entrance door, opening the entrance door, and entering the house, thereby infringing on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversation of shots D);

1. Relevant Article 366 of the Criminal Act and Article 319 (1) of the Criminal Act (the point of causing damage to property, the choice of fines) concerning criminal facts, the choice of punishment, and Article 366 of the Criminal Act (the point of intrusion upon residence and the choice of punishment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the crime of causing property damage heavier than punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the attitude of recognizing and reflecting the instant crime, the agreement with the victim or failing to reach the recovery of damage, the defendant has been punished several times as violent crimes, and other factors of sentencing as shown in the records and arguments of the instant case, including the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively taken into account.

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