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(영문) 부산지방법원 2019.11.28 2019고단4757
주거침입
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 14:20 on August 30, 2019, the Defendant thought that the Defendant had a son who opened his house on the roof and opened the door while opening the door. However, the house owner, who was the victim’s house without opening the door, had a gate, was into the house of the victim in Busan Dong-gu, Busan, and went into the house of the victim through the kitchen, and went into the house of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement prepared in C;

1. On-site photographs;

1. Application of investigation reports (verification of the status, etc. at the time when the other party is the owner of a suspect's residence);

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: A fine not exceeding five million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not be applied by selecting fines; and

3. The Defendant, who was sentenced on May 1, 2018, was sentenced to six months of imprisonment with prison labor at the Busan District Court for the crime of interference with business, and on October 31, 2018, was at the Busan Correctional Institution for the completion of the enforcement of the sentence and thus, is likely to debrisate the instant crime even during the period of repeated crime.

Defendant has been punished for more than 40 times, and was punished several times by committing violent crimes, such as interference with business and injury, etc., even before.

These circumstances are disadvantageous to the defendant.

However, the defendant seems to have led to confession and reflect on the crime of this case.

It seems that the defendant was under the influence of alcohol at the time, and it seems that he did not cause particular harm to the victim or commit violence.

The defendant is relatively old.

In addition, the defendant's age, character and conduct, the environment, the relationship to the victim, the motive of the crime.

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