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(영문) 광주지방법원 순천지원 2016.08.24 2016고단709
주거침입등
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. A relationship between the defendant who intrudes upon residence and the defendant;

B The Defendant’s horses and no longer contact was made with the Defendant, and the Defendant thought that he was able to find the remaining C304, which was the house of B.

Around 00:00 on January 201, 2016, the Defendant sent a phone call to the victim D (n, 50 years of age) who operates the studio building at around 00:0, and identified the password of the studio building by stating that “No door has been opened to open a door-to-door delivery, and the entrance door password of the 304 door is changed to be known.”

On January 26, 2016, at around 16:50, the Defendant: (a) opened a building entrance and opened a door; and (b) opened up up to 304, up to 304, the Defendant invaded upon the victim’s residence.

2. On January 26, 2016, the Defendant damaged the property by making the key in the corridor No. C304, the front corridor No. C304 prior to the lapse of 16:50 on January 26, 2016, and by drilling the entrance door number of 304,000 won at the market price owned by the victim D, and by making it possible for the Defendant to attach and operate the above number ker with ker.

Summary of Evidence

Application of Acts and subordinate statutes to the Defendant’s legal statement D and E of each police statement number D and E of each police statement report (in addition to a statement of damage)

1. Relevant legal provisions concerning the facts constituting an offense, Articles 366 and 319 (1) of the Criminal Act that choose the penalty, and the choice of imprisonment;

2. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act, and the proviso to Article 42 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the instant crime is that the Defendant’s crime of this case is not good enough to be considered as the background or content of the crime due to the stoky criminal committed against women in an internal relationship.

However, the defendant reflects the mistake of the defendant, the defendant does not enter the room of women, and is in the damage of the present official number, and the damaged person shall be punished by the defendant by paying the amount of damage.

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