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(영문) 서울동부지방법원 2017.10.13 2017고정986
주거침입등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 28, 2017, at around 00:20 on February 28, 2017, the Defendant came to the residence of the victim C (73 Dop) located in Seongdong-gu Seoul Metropolitan Government 3 Dong 905, and opened a door to the defendant's wife (the wife of the victim) by opening the door to receive the money, and continuously enjoying the bell and sound the bell, etc., the Defendant reported to 119, who was dispatched to the 119, and requested the emergency medical service crew to open the door to the victim and invaded the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. Of the facts charged in the instant case, the Defendant: (a) around 00:20 on February 28, 2017, at around the residence of the victim C (73:3) located in Seongdong-gu Seoul apartment B apartment building 3 Dong Dong 905, the Defendant opened a door to the Defendant or his wife (the wife of the victim) on the premise that he would receive the amount of money; and (b) had the first-aid crew who was reported to 119 on his own and dispatched to the Defendant, and had the victim attend the door through an open door to the victim, and had the victim talked with the victim’s chest as his hand.

Accordingly, the defendant assaulted the victim.

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent in accordance with Article 260(3) of the Criminal Act.

Therefore, since the victim expressed his wish not to punish the defendant after the prosecution of this case was instituted, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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