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(영문) 부산지방법원 2016.09.28 2016고정2626
주거침입등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On February 28, 2016, around 09:40, at the house of the victim D(81) and E(75 years of age) located in the north-gu Busan metropolitan apartment house 101, 1304, the defendant found it in order to resisting that the victim would leave the apartment council due to the victims, and after taking out the above son's portrait, the victim D opened the entrance door and pushed the victim D with both descendants, and entered the victim E's left knife at one time by the defendant's hand.

Accordingly, the defendant assaulted victims and invadedd their residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

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 each fine 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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