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(영문) 대구지방법원 김천지원 2016.11.29 2016고정544
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

At around 22:00 on July 31, 2016, the Defendant, while drinking alcoholic beverages together at a mutual influence house located in the Simpo-si, Simpo-si, Simpo-si, and the Victim B (M, 35 years of age) expressed that he would go to a mixed house, the Defendant had been working for a female in the house under the pretext that he would go to his house.

At around 00:20 on August 1, 2016, the Defendant arrived in front of the studio of the “C” and the victim arrived at the studio, and refused to return to the studio, and the victim went into the studio 3 studio room through the instant studio 3 studio door door door for the purpose of entering the studio, and intruded on the studio’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Police internal investigation report (on-site exit situation, etc.) (the defendant argues that it is nothing more than the gathering of the victim under the influence of alcohol, but according to the evidence of the judgment, the defendant can be found to have invaded upon the victim's residence against the victim's will, so the above argument of the defendant is rejected). The application of the law is without merit.

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

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