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(영문) 창원지방법원 진주지원 2016.08.19 2016고정242
주거침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in the building business and is the owner of a building site C at the time of Jinju.

As a result of the survey, the Defendant notified the victim of the victim E’s wall located in Jinju-si, adjacent to the above site owned by the Defendant, to remove the said wall by means of content-proof mail, but decided to remove the said wall by leaving the victim’s house, when the victim completely rejected it.

On September 22, 2015, the Defendant: (a) infringed upon the victim’s residence by breaking the body of the victim located in Jinju-si, beyond the body of the victim located in D; (b) infringed upon the victim’s residence; (c) destroyed the block fence of about 12.4 meters in length, which was installed at the same place, by cutting off the wall, by a stringing it by a string off, etc.; and (d) invadedd the boundary by making it impossible for the Defendant to recognize the boundary between the site and the site owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Investigation report (for on the spot and witness), investigation report (for a hulled rice);

1. Application of statutes on the site photographs of the case

1. Relevant legal provisions concerning the crime, Article 319 of the Criminal Act (the point of intrusion upon residence) and Article 370 of the Criminal Act (the point of intrusion upon residence), and the selection of each fine for the crime;

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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