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(영문) 전주지방법원 2016.08.29 2016고정619
주거침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates a laundry.

The defendant raised complaints against the excessive demand of the victim B (20) or C for the change of the compensation for the loss of laundry goods.

On March 15, 2016, around 20:55, the Defendant: (a) opened the victim’s house located in 108 dong 1204, 108 dong 1204, the Defendant: (b) opened the entrance door; and (c) described the victim’s breath to “to enter the house” while putting the victim’s breath, and pushed the victim into the house; (d) opened the breath; and (e) opened the breath to the cell.

Accordingly, the defendant assaulted the victim and invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes on reports on occurrence of accidents;

1. Selection of a fine under Article 319(1) of the Criminal Act and Article 260(1) of the Criminal Act (a point of assault) concerning 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. Appealing for the reason for sentencing under Article 334(1) of the Criminal Procedure Act, there is an economic circumstance that the defendant is against and difficult to find, but the defendant has infringed upon another person's residence without permission, thereby undermining the stability of residence, leading to assault by dump of the victim, failing to recover damage, taking into account the defendant's age, sexual behavior, criminal record, motive for each of the crimes of this case, situation before and after the crime, etc., and determine the punishment as set forth in the order.

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