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(영문) 수원지방법원 성남지원 2017.01.19 2016고정1387
주거침입
Text

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

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

Reasons

Punishment of the crime

When the Defendant was in a relationship with the victim B, the Defendant found the victim’s house on the ground that there was money to be received from the victim, and collected the information about the victim, combined with the information about the victim, and arbitrarily entered it with the present official password, and had the victim enter the victim’s house.

1. On October 9, 2015, around 22:00, the Defendant: (a) arbitrarily entered the password of a victim’s house located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu; and (b) went into the victim’s house through the open door of the heater; and (c) infringed upon the victim’s house.

2. On October 14, 2015, at around 02:55, the Defendant entered the identification number of the present official, which was known to him as above, and entered the said house through an open entrance, and invaded upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Protocols of seizure, list of seizure and photograph of seized articles;

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

1. Relevant Article 319 of the Criminal Act concerning the facts constituting a crime and Article 319 (1) of the Criminal Act concerning the selection of punishment;

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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