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(영문) 서울동부지방법원 2016.07.19 2016고정997
주거침입
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, due to rainwater treatment installed in the victim C (n, 61 years of age) in Seongdong-gu Seoul Metropolitan Government, was one of the tenants' residential areas adjacent to the building site and received a claim from the tenants, and accordingly, requested the victim to remove the rainwater treatment in question. However, the Defendant did not remove the rainwater treatment.

1. On December 18, 2015, the Defendant opened a building gate of the said victim and entered the said building into the said building, and entered the 1st floor door through stairs, and entered the 201 entrance door of the said building, which is the victim’s residence.

2. On December 22, 2015, around 14:40, the Defendant entered the 201 suspender door of the above building in the same manner as that of No. 1.

Accordingly, the defendant invadedd the victim's residence respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to file a complaint, file a criminal investigation report (Handphone recording files filed by the victim), and hear statements from victims;

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

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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