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(영문) 서울남부지방법원 2015.04.10 2015고정497
주거침입등
Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who resides in Gangseo-gu Seoul Metropolitan Government 2, 301, and the victim C was a person who resides in 401, and around January 2013, he/she was a person who resides in 401, and due to the water leakage generated in bera 401.

1. On December 26, 2013, at around 18:30 on December 26, 2013, the Defendant was found at the victim’s house to resisting that it does not interfere with water leakage construction at the victim’s house, but the Defendant continued to open the door repeatedly, without opening the door, and the crepan is coming to the front door against the other victim’s will, and the victim went to the front door, and the victim did not go to the front door until the time the water leakage construction is exceeded 30 minutes, despite the victim’s request to go to the front door.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant, at the same time and place as in the preceding paragraph of the assault, committed assault by cutting off the arms of the victims who want to put their door to work in order to work for the victim C and water leakage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 319 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of a penalty against a crime, the choice of a fine for negligence, the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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