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(영문) 인천지방법원 2013.09.12 2013고정2315
주거침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. At around 01:10 on March 2, 2013, the Defendant threatened the victim on the ground that the victim would not cause noise between floors at the house of Yeonsu-gu, Incheon, 108 Dong 416 (D apartment), E (n, 60 years of age) and that the victim would be able to die every night due to noise between floors.

2. On April 9, 2013, the Defendant, at around 02:41, did not bring about the issue of noise between floors at the victim’s house, such as the preceding paragraph, but on the ground that the victim reported to the autonomous management office or box, he/she caused the issue of noise between floors, and reported to the victim, he/she found the victim’s house at the victim’s house to confirm whether the noise between floors come out of the noise, and went into the victim’s house and intrudes on the victim’s house through the open door door.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Part concerning the defendant's interrogation protocol E among the prosecutor's interrogation protocol

1. Application of Acts and subordinate statutes to the scene of a defendant stored in a victim mobile phone;

1. Relevant Article 283(1) of the Criminal Act and Article 319(1) of the Criminal Act (the point of intimidation) concerning criminal facts: Selection of a fine for negligence;

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 Criminal Act for the detention of a workhouse;

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

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