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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On May 7, 2016, the Defendant invadedd the victim’s residence at the house of the victim D (Woo-jin-gu Seoul Special Metropolitan City 303 Housing on May 7, 2016, and at the house of the victim D (Woo-gu 54 years old) who is living together with the victim, urged E who is living together with the victim to repay the debt, and the entrance was set up, and the victim invadedd the victim’s residence by entering the entrance of the entrance to the house of the
2. The Defendant assaulted the victim by keeping the entrance door with the defective victim so that the victim cannot enter the door at the same time and place as the statement in paragraph 1, and by entering the ward, leaving the room, and destroying the shoulder, etc. of the victim several times.
Summary of Evidence
1. Legal statement of the witness D;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Photographs (list 10);
1. The application of Acts and subordinate statutes to prepare and report recording notes;
1. Article 319 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense (a point of assault) of the said Act;
1. Selection of each alternative fine for punishment;
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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. As to the crime of intrusion upon residence
A. The gist of the assertion was that the victim and the victim were in dispute with the Defendant while the entrance and exit of the victim, and the victim and E were leading the Defendant to the ward, and the Defendant did not intrude on the victim’s residence against the victim’s will.
B. Comprehensively taking account of the following circumstances acknowledged by the evidence as seen earlier, it is sufficiently recognized that the defendant invadeds on the victim’s residence against the victim’s will.
Defendant
The above assertion by the defense counsel cannot be accepted.
1) The Defendant and F set up the entrance of the studio, a residence of the victim in order to urge the victim to repay the debt to E living together with the victim, and the victim opened the entrance and reported it to the police.