(영문) 수원지방법원 성남지원 2021.03.17 2020고단3520

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2021.03.17 2020고단3520

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

Attached Form

As stated in paragraph (1) of the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

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

1. Although the crime of intrusion upon another person’s residence at night during the sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the crime of intrusion upon the latter’s residence at night, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant’s reflects against himself and intrudes upon the residence of the person living together; (b) the motive and circumstances may be taken into consideration; and (c) the victims do not want the punishment of the defendant; and (d) other circumstances revealed in pleadings, such as the circumstances and consequence of the crime, the age and health of the defendant, family relationship

Of the facts charged in this case, each assault among the facts charged in this case shall be as specified in attached Form 2.

This is a case that falls under Article 260 (1) of the Criminal Code and can not be prosecuted against the will expressed by the victim in accordance with Article 260 (3) of the Criminal Code.

According to the written agreement and the statement of non-won of punishment submitted to this court, the victims can recognize the fact that they have withdrawn their wish to punish the defendant after the institution of the case. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

참조조문

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