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(영문) 서울서부지방법원 2017.06.01 2017고정158
주거침입등
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 committed the following crimes with the lack of ability to discern things or make decisions because he/she was diagnosed as “stimulative disorder”, who suffered from diagnosis of “stimulative disorder,” such as exchange, net disorder, and emotional disorder, and thus, committed the following crimes.

피고인은 2016. 10. 30. 21:00 경 서울 서대문구 C에 있는 ‘D ’에서 현관문을 두드리며 ‘D’ 주지인 피해자 E에게 “ 교통사고가 나서 돈을 받아야 한다” 라며 횡설수설하였고, 피해자는 밤이 늦었다며 피고인을 돌려보내고 현관문을 잠궜다.

1. On October 30, 2016, the Defendant intruded into a “D” where a locking device is installed in a manner that does not know around 22:50 on October 30, 2016, and infringed upon the victim’s residence by arbitrarily entering the 2nd floor fire.

2. On October 30, 2016, around 22:50, the Defendant damaged the property of the victim, such as the Defendant’s failure to combine reading rooms with the electric lines in the hexace, etc. in order to lock the flusium on the second floor of D “D” in order to lock the flusium.

3. Around October 30, 2016, the Defendant: (a) reported the victim to 112 on the second floor of D “D”; and (b) threatened the victim by “I ambling off the fire” and “I ambling the police, etc. within the son.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to on-site photographs, investigation reports (the confirmation of the amount of damaged goods, damage, etc.);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, Article 283(1) of the Criminal Act, and the choice of fines, respectively, for the crime;

1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;

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

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