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(영문) 광주지방법원 2013.06.20 2013고정850
주거침입
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is the son of the owner of the housing located in Gwangju North-gu, and the victim D is the person who leased one of the above housing rooms with the Defendant for a one-year term of the lease contract around April 17, 2012.

1. On June 2012, the Defendant: (a) opened an entrance in order to display electric code at the contact in the above room leased by the victim upon request from the water supply and sewerage construction department in the middle and middle a.m.; and (b) infringed upon the victim’s residence.

2. On September 2012, the Defendant: (a) opened the above entrance door locked without the victim’s permission and intruded the victim’s residence, on the ground that the Defendant brought about the victim with a view to smoothly resolving the dispute over the unauthorized intrusion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

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

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Article 59(1) of the Criminal Act (the first crime before the crime in this case was committed, and the sentence of a fine of 500,000 won was suspended by this court on February 21, 2013) of the suspended sentence (the defendant was the first crime before the crime in this case was committed, but this also was punished by the victim's complaint among disputes with the same victim, and the date and time of the crime in this case was also punished after the crime in this case was committed around November 21, 2012, and the defendant's act in this case itself is recognized and against the victim's own act in this case) and his defense counsel's assertion, the defendant and his defense counsel entered the victim's room for electrical construction of the house where the victim, who was the lessee, was the victim, and entered the police officer on June 2, 2012.

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