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(영문) 서울북부지방법원 2013.03.06 2013고단312
주거침입등
Text

Defendant shall be punished by a fine of 150,000 won.

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

Reasons

Punishment of the crime

On December 23, 2012, around 21:40 on December 23, 2012, the Defendant discovered that there was a denial in the victim C’s house, Dongdaemun-gu Seoul, B apartment 202 Dong 605, and found that there was a door door to 7 minutes on the ground that he did not open the door door.

Accordingly, the victim entered the entrance door through the entrance door which opened the entrance door, and intruded into the house of his woman.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 319 (1) of the Criminal Act and Selection of Punishments for Crimes. Article 319 (1) of the Criminal Act

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. As to the facts charged of assault, the Defendant assaulted the victim’s face with a elbow, on the ground that the Defendant attempted to bring the Defendant into the said house at the time and place stated in the above facts of crime.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the victim C’s “unlimited to punishment and written agreement,” which is bound in the trial records, the victim’s withdrawal of his/her wish to punish the defendant on January 23, 2013, which is the date of institution of the instant prosecution. Thus, this part of the indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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