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Reasons
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(영문) 창원지방법원 마산지원 2020.04.21 2019고정232
주거침입
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Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 14:00 on November 12, 2018, the Defendant opened a door door and requested the victim to “the high value” to “the victim’s dwelling” located in Changwon-si, Masan-si, Mad, Mad, Mad, Mad,” but without the victim’s consent, infringed upon the victim’s residence.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of witness E;

1. Statement to C by the police;

1. In the investigation report (Attachment to On-the-spot photographs), the defendant and his defense counsel asserted that there was no warning that the victim would enter or leave the house, and that there was no perception that the victim would intrude the victim's residence against the victim's will. However, even though the victim had consistently entered the investigation agency and the court, he disregarded the victim's speech and took the victim's speech before the visit within the law without his personal attack. E, even if he went together with the defendant, 5 minutes after the defendant entered the victim's house, was stated that there was a sound of fighting, and therefore, it conforms with the situation at the time when the victim's statement was made. Considering the above circumstances and other evidence, it is determined that the defendant invaded the victim's intention to refuse to enter the house, and that the defendant was aware that the defendant was living at the time of entering the house despite the victim's intention to refuse to enter the crime. Therefore, the defendant and the defense counsel's assertion cannot be accepted.)

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Legal provisions;

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