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(영문) 서울북부지방법원 2018.07.05 2018고정126
주거침입등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 26, 2017, around 18:30 on July 26, 2017, the Defendant intruded into an apartment after: (a) opened the locked system installed in the gate without the consent of the victim D, who is a lessee in Seoul Special Metropolitan City, Nowon-gu building C, and forced the repair hole to intrude into the apartment.

2. The Defendant interfered with the exercise of rights, at the date and time, at the place specified in paragraph 1, prevented the victim from exercising his/her right by either destroying the current lock locking device, which changed the password to keep possession continuously until the deposit is returned, and then installing a new locking device and altering the password, thereby hindering the victim’s legitimate exercise of rights.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. The witness D and E’s each legal statement [The above witness’s each legal statement revealed the password of the lock locking device to the defendant, but the defendant changed the password after visiting the house. As such, although the password was changed, the defendant could recognize the fact that he forced the lock locking device to open it again and enters the house again, according to the above facts acknowledged, the defendant is deemed to have committed a crime of intrusion upon residence and interfered with the exercise of rights].

1. A protocol concerning the examination of certain police officers in relation to F;

1. An apartment charter contract, each text message, each notice of setting up a pledge, and a certificate of confirmation;

1. Application of Acts and subordinate statutes to investigative reports (informating certified copies of donations);

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (the point of intrusion on a structure), Article 323 of the Criminal Act, and the selection of fines, respectively, 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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