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(영문) 대전지방법원 서산지원 2018.05.02 2017고정308
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendant

A and the victim C are the subjects.

On 02. 16:00 on 02. 08. 02. 16:00, the Defendant reported that E is located in the victim C’s house and opened a gate and infringed on the victim’s residence.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Witness C and E’s testimony;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

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;

1. The defendant and his/her defense counsel in determining the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act to bear the costs of lawsuit

Because they enter the E in order to transfer the part to E, they claim that it is a justifiable act that does not go against the social norms.

However, considering the circumstances that E and the Defendant had a number of disputes and invoices, and the Defendant knew that E and the Defendant were evading face-to-face talk with themselves, the above assertion that E and the Defendant entered a residence to move out of the house is difficult to accept, and therefore, it does not go against the social rules or is a justifiable act.

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