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(영문) 대구지방법원 2014.02.07 2013고단6697
주거침입
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Criminal facts

around March 12, 2011, the Defendant leased Nos. 103 and 504, which is one’s own ownership, to the victim, two years of contract period, deposit 10 million won, and letter 3,300,000 won per year from March 23, 2013. However, the victim did not fully recover from the lease period due to personal circumstances and became a director around January 29, 2013.

At that time, the victim requested the defendant, the owner of the house, to return 150,000 won under the name of the apartment repair allowance, paid to the apartment management office at the time of lease, but the defendant refused it, and the victim notified the defendant's right to lease the apartment owned by the defendant until the expiration of the lease period due to the expiration of the lease period for the apartment leased by him, and left part of his house in the apartment without returning the key to the defendant.

At around 14:00 on February 23, 2013, the Defendant opened the entrance door and intruded into the house by using any crepans in the victim D's house in Busan Metropolitan City, 103 Dong 504.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 50,000 per day) into a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., the first offender, the refund of the lease deposit to the victim at the request of the victim, and the situation under which the victim would be considered as committing the crime after the director exists);

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