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(영문) 대구지방법원 2015.07.17 2015고정1186
주거침입등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant was the lessee of Daegu Suwon-gu B apartment No. 10, 401, and the victim C and the victim D were the lessor who is the married couple, and the Defendant demanded the victims to pay directors' expenses and hospital expenses, but did not inquire into the victims.

1. On January 25, 2015, at around 21:30, the Defendant: (a) opened and intruded the first floor, which was corrected in the corridor of 103, 6th, Madong-gu, Daegu, 2015; and (b) opened the 605 entrance door, the victims were able to unfold the door, and (c) opened the victim’s house to be forced to open the door, thereby infringing upon the victims’ residence.

2. When the Defendant was unable to enter the victim’s house at the time and place specified in the preceding paragraph of the assault, the Defendant committed several assaults against the victim’s chests due to the fingers, and the victim C was unable to prevent the victim’s body from leaving the victim’s DNA in body, and the victim C was committed by both hand, with the defect and the two hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C or D;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to photographs of the entrance door of each floor;

1. Relevant Article 319 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of a fine for negligence, the applicable provision of the Criminal Act, the choice of a sentence, and the choice of a fine for negligence;

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

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