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(영문) 인천지방법원 부천지원 2019.07.19 2019고정191
주거침입등
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

On November 14, 2018, at around 15:30, the Defendant came to the house of the victim D (22 years of age) of the apartment C, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, the Defendant requested the victim to have a conversation and changed to the outside of the house while requesting the victim to refuse it and return it, but the victim was requested to refuse it, but infringed upon the victim’s residence without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Some protocol of suspect of the police about D;

1. 112 reported case handling table and Messenger communications; and

1. In full view of the fact that the Defendant and the victim refused to meet the Defendant at the time of the instant case acknowledged in light of the evidence at the time of the printing, the Defendant, without the victim’s permission, was fully recognized as having opened the entrance and exit number and intruded into the dwelling. Even if the Defendant was already in the front process with the victim, there was no consent from the victim to access using the password at the time of the instant case, even if he was already aware of the entrance number, and the victim was demanded to return to the Defendant, and thus, the Defendant was also aware that there was no constructive consent. The Defendant and the defense counsel’s assertion is without merit).

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

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

1. The summary of the charge of assault under Article 334(1) of the Criminal Procedure Act on the charge of assault under Article 334(1) of the Criminal Procedure Act is the victim who was assaulted against the victim during the time and place on which the defendant stated the facts of the crime in the judgment, and the dispute with the victim.

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