logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.08.26 2016고정993
주거침입
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

The defendant is a person who is engaged in labor with Chinese nationality and is visiting after obtaining permission to stay until May 23, 2016.

On November 29, 2015, at around 12:55, the Defendant entered the family of the victim D located in Gyeyang-gu Incheon Metropolitan City Gyeyang-gu, Incheon Metropolitan City, with the exchange cleaning, and entered the house through the opening gate. Moreover, the Defendant’s wife E entered the house like the daily behaviors, and thereby harming the peace of residence by reporting the victim’s wife E enters the house, and leaving the house, thereby opening the door.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

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

1. The defendant and his defense counsel asserted as to the argument of the defendant and his defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit, to the effect that the defendant was physically and mentally deprived at the

In full view of the following circumstances recognized by the records of the instant case, it is not deemed that the Defendant did not have any or weak ability to discern things or make decisions at the time of committing the instant crime.

① The Defendant did not have received any existing mental therapy, and no circumstance exists to deem that he/she received any specific mental therapy after committing the instant crime.

② The Defendant is accurately memorying the situation at the time in the instant court.

③ Although the Defendant is somewhat difficult to understand the motive of the instant crime, there are many cases where he/she made a statement of motive different from the original motive to avoid the crime after committing the crime, and such statement alone cannot be readily concluded that the Defendant is physically and mentally deprived.

arrow