(영문) 광주지방법원 2016.10.12 2016고단1509

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(영문) 광주지방법원 2016.10.12 2016고단1509

주거침입등

Text

Punishment on the accused shall be determined by a fine of 300,000 won.

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

Reasons

Punishment of the crime

The defendant is a neighbor who resides immediately next to the victim C, and the building in which the defendant resides is not good for mutual appraisal in relation to the extension of the victim's land infringement by the victim.

1. On September 16, 2015, around 19:00 on September 16, 2015, the Defendant intruded into the residence by opening the entrance two times in order to verify the location of the victim, who was the victim in Young-gun D through the stairs of the house in which the victim resides, and became the second floor door.

2. The Defendant damaged the property by making it difficult to know the victim’s parking lot exhausters twice in the same time and place as Paragraph 1.

Summary of Evidence

1. Each legal statement of C and E;

1. A report on investigation (to present the building and to attach photographs) and the general building register attached thereto, and the related photographs of the case;

1. Reports on internal investigation (verification at the site of the incident, attendance of the suspect and CCTV-related currency);

1. A report on the results of analysis of digital evidence;

1. On-site photographs (2:26-27 pages of investigation records) [the victim and the denial of the victim made a concrete and consistent statement about the situation before and after the defendant committed each of the crimes in this case. The victim’s statement conforms to the body of the defendant who was under the influence of alcohol at the time, the victim’s statement, etc. was reported to the police immediately after the damage occurred; the victim was requested by police officers to submit CCTV, and the CCTV was broken, and the victim rejected the request to submit CCTV and the request to verify the malfunction of CCTV by police officers at the scene of each of the crimes in this case; the victim’s statement of the victim and the denial of the victim were reliable in light of the following facts: (a) the victim’s statement can be recognized to be sufficiently consistent with the facts charged in this case; and (b) the law applicable to the case.

1. Article 319 of the Criminal Act concerning criminal facts and the choice of punishment.

참조조문

-형법 제319조

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