(영문) 울산지방법원 2018.12.06 2018고정536

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Reasons

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줄 간격

자간(%)

(영문) 울산지방법원 2018.12.06 2018고정536

건조물침입

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 24, 2018, at around 03:40 on February 24, 2018, the Defendant: (a) opened a door on the ground that the former husband F did not open a door to the victim G of the said F.

Some of the facts charged were revised.

Accordingly, the defendant invadedd D, thereby harming the peace of residence of the residents of the above D including victims.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of the witness H and F (the fact that it is difficult to recognize the fact that the defendant had expressed his/her will by exposing his/her door through the statement of the witness, that the defendant has opened his/her door, and that the fact that the defendant had disturbed neighbors due to the appearance of the defendant in the new wall time can be recognized);

1. Application of the law to the witness G’s legal statement (other than the following part that is not believed and that the Defendant’s statement that the Defendant was able to take the door is difficult to believe)

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Part of the crime not committed under Article 62 (1) of the Criminal Act [ comprehensively including the fact that there is only minor criminal records of the defendant, that the defendant makes a currency with F on the day of the case, that there is an aspect between the scene, and that the victim G seems to keep sound on the day of the case];

1. The summary of the facts charged lies in the peace of residence of the victim and the residents of the above D by bringing about about five minutes of the E heading door door at the time and place of the facts charged.

2. Determination

A. Evidence consistent with the fact that the Defendant expressed a desire to walk the door door of E between about five minutes at the time and place of criminal facts is only G’s statement (legal statement and investigative agency’s statement).

(1) However, G’s statements were at the site.

H and F’s legal statement (the Defendant’s appearance of door to the door).

참조조문

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