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(영문) 창원지방법원 거창지원 2014.12.03 2014고단257
주거침입등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 20:00 on July 12, 2014, the Defendant, “2014 Highest 257,” had invaded upon the victim’s residence against the victim’s will to demand sexual intercourse when the victim was in the house of the victim D (n, 86 years of age) located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul.

around 12:00 on July 5, 2014, the Defendant: (a) 12:00, the Defendant: (b) performed drinking to the “G cafeteria” operated by the Victim F in Chang-gun, Chang-gun; (c) but, (d) the Defendant: (a) expressed the victim’s desire to read “Chewing, drinking, drinking, drinking, dead,” which was placed on the top of the restaurant line, and destroyed the victim’s market price, which was located on the top of the restaurant line, by gathering it from the bottom, on the ground that the victim’s scambling would be bad.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes to false photographs, output and output in a damaged contact;

1. Article 319 (1) of the Criminal Act (the occupation of residence) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each fine ( Selection of a fine by taking into consideration favorable circumstances, such as the crime during the period of repeated crime, the confession of the defendant, the fact that the defendant agreed with the victims, the defendant has a intellectual disability, and the damage to property is relatively minor);

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 dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant: (a) around 10:30 on July 4, 2014, performed drinking in the “G cafeteria” operated by the Victim F (F) in Chang-gun, Chungcheongnam-gun; (b) however, the Defendant expressed the Defendant’s desire to “Chewing, drinking, drinking, and dead,” and made it difficult for the victim to use both arms on his/her hand on the ground that the Defendant would drink the “G cafeteria” operated by the Victim F (F) of the Republic of Korea.

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