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(영문) 광주지방법원 2015.10.27 2014고단5051
주거침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On September 15, 2014, around 19:20 on September 15, 2014, the Defendant entering into a residential premises of the victim C (n, 50 years of age) located in Gwangju Mine-gu B, 103 802, and 103 dong 802, and the victim’s son D (n, 18 years of age) was moving out of the house to the outside of the house and infringed upon the victim’s residence through open gate for the purpose of having the victim participate in religious events.

2. The Defendant assaulted the victim on the same date, time, and place as set forth in Paragraph 1, by entering the victim C into a small room to prevent the victim C from leaving his/her son’s home, and by cutting down two arms of the victim and pushing ahead of them.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements of each police suspect interrogation protocol against the accused;

1. Entry of each police statement of E and C in part;

1. Reporting on non-compliance with evictions, investigation reports, and internal investigation reports;

1. Application of statutes on photographs of damage;

1. Article applicable to criminal facts;

(a) Entry into residence: Article 319 (1) of the Criminal Act;

(b) The point of assault: Article 260 (1) of the Criminal Act;

1. Selection of each alternative fine for punishment (the victim's severe punishment against the defendant, but the defendant is the first offender who has no criminal power, etc.);

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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