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(영문) 대구지방법원 2020.01.21 2019고단5916
주거침입
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On September 29, 2019, around 01:00, the Defendant entered the victim’s residence against the victim’s will to have sexual intercourse with E by taking advantage of the gaps in the victim’s D (35 years of age) who was located in Busan City B apartment C, and entered the victim’s residence for the purpose of having sexual intercourse with E.

2. On October 1, 2019, around 00:48, the Defendant entered the victim’s residence against the victim’s will and entered the victim’s intent for the purpose of paragraph 1.

3. On October 11, 2019, at around 00:15, the Defendant entered the victim’s residence against the victim’s will and entered the victim’s intent for the purpose of paragraph 1.

4. On October 15, 2019, around 00:03, the Defendant entered the victim’s residence against the victim’s will and entered the victim’s intent for the purpose of paragraph 1.

Accordingly, the defendant invadedd the victim's residence four times.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints, the police statement, and the protocol of statement of D;

1. Application of Acts and subordinate statutes to a investigative report (the attachment of transcripts and hybrid images submitted by the complainants);

1. Article 319 (1) of the Criminal Act and Article 319 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act to order provisional payment - time to commit an offense.

There is no record of punishment other than the summary order for residential intrusion.

It is not a second offense after the issuance of a summary order with the first offense than the date of the crime in the above summary order.

- The victim is seeking a strict punishment against the defendant.

The defendant's intrusion upon the victim's residence for sexual intercourse with the victim's wife is not good.

The motive and circumstances of the crime of this case, the circumstances after the crime, and the degree of criminal responsibility of the defendant is separate from moral criticism or civil liability, and the form, frequency, and method of intrusion upon the crime itself.

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