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(영문) 수원지방법원 안산지원 2018.07.04 2018고정389
주거침입등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On February 17, 2018, when the Defendant was dissatisfied with the noise problem between ordinary stories, the Defendant was forced to open the door door and intruded on the residence of the victims, even though the victim C and the victim D meted up to 130 Dong-gu E apartment 1203 Dong-gu, Ansan-si, the victim D was living, and the victim F was prevented from entering the Defendant.

2. The Defendant committed an assault, such as cutting down the arms of the victim D (the age of 54) that would not open the doors to the Defendant at the time, time, and place of the assault No. 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 260(1) of the Criminal Act (the point of assault) and the selection of fines 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. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is based on the following factors: (a) the Defendant’s age, sex, environment, family relationship, and circumstances after committing the crime; and (b) the sentence is determined as ordered by the Disposition.

· Unfavorable circumstances: The fact that there are many criminal records of violence, the fact that the damages have not been recovered, the fact that confessions and reflects, and the fact that the noise between floors has resulted in crimes in the process of resisting noise between floors.

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