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(영문) 수원지방법원 2012.08.17 2012고정1218
주거침입
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the victim C's father who operates the restaurant at the same time as the tenant of the building.

On 27, 2011, around 09:10 on 09:10, the Defendant opened a door door that was not corrected without permission to change the name of his restaurant and infringed upon the residence of the victim by entering the room where the victim is self-employed.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of prosecutorial statement concerning E;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to notify the result of psychological physiological tests;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act did not have visited the victim's house at the time stated in the above facts charged, and even if the defendant entered the victim's house at the time, it is argued that the defendant entered the victim's house for the purpose of entering the lease contract issue and there is an presumed consent of the victim. In full view of all the evidences in the judgment, the defendant's entry into the victim's house at the time stated in the facts charged is recognized. The defendant's entry into the victim's house cannot be deemed as the victim's house without the victim's explicit consent because the defendant enters the victim's house without the victim's explicit consent, and the defendant caused a disturbance at the victim's house at the time.

The defendant and defense counsel shall not be accepted.

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