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(영문) 대구지방법원 영덕지원 2013.08.23 2013고정2
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who is delegated with affairs related to buildings by D, who is the owner of the ground building C in Gyeongjin-gun, Chungcheongnam-gun, and the victim E is a tenant who resides in the above D building.

A victim E promises the Defendant and the Defendant to cover the Gyeongjin-gun's ground building in the middle-gun of the Republic of Korea where he/she had resided. A victim E partially transferred this article from around 09:00 on May 31, 2012 to 17:00 on the same day, and the rest of this article is large air conditioners, shocks, television, etc.

6.1. The transport was scheduled.

On May 31, 2012, from around 19:00 to around 10:30 on June 1, 2012, the Defendant knew that only a part of the victim’s residence was removed from the victim’s residence, and that there was no way to do so, and infringed upon the victim’s residence, such as a person who had an erode and diving on the shock wave without the victim’s permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, E, and G;

1. Application of Acts and subordinate statutes to descriptions in the report of internal investigation (such as a lease contract, etc.), internal investigation report (in relation to field photographs), investigation report (in relation to field photographs), investigation report (in relation to addition of field photographs), or images;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant did not sleep in the victim’s residence, and sleep in the vehicle owned by the Defendant.

2. The following circumstances acknowledged by the evidence revealed in front of the judgment, namely, under the investigation conducted by the police, the Defendant stated to the effect that “the Defendant sleeps in the victim’s house with the victim’s consent.” On June 1, 2012, the Defendant stated to the police officer called “the Defendant sleeps and smells in the victim’s house” upon receiving the victim’s report on June 1, 2012; and F on June 1, 2012 for the victim’s director.

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