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(영문) 인천지방법원 2018.01.25 2017고정2533
주거침입등
Text

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 22, 2017, the Defendant entered into a lease agreement with the victim C to pay the remainder amount of KRW 10 million to the victim, who is the lessee on the same day, for the second floor detached house located in Nam-gu Incheon Metropolitan City, and paid only the down payment on July 10, 2017.

1. On May 28, 2017, the Defendant infringed upon the victim’s residence by a method exceeding the fence of the said detached house on the ground that he/she did not open any door even before the said detached house door.

2. The Defendant damaged property by cutting the victim’s property by cutting the victim’s property at one saw 5.6 million won of the market value of the victim’s 40,500 won of the market value, the market value of which was 1.5 million won of the victim’s math of the said detached house at the time and at the place under paragraph (1), and cutting the victim’s property at one saw 5.6 million won of the market value of the 3.4 million won of the market value, and the 40,000 won of the market value of the 10,000 won of the 70,000 won of the market value.

Summary of Evidence

1. The defendant's legal statement (as to the facts constituting the crime by intrusion upon residence in the holding), and some legal statement (as to the facts constituting the crime of damage to property in the holding

1. Application of the respective statutory statements of the witness C, E, and F to the statute;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the selection of fines for negligence;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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