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(영문) 대전지방법원 홍성지원 2017.08.17 2016고정248
주거침입등
Text

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

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

Reasons

Punishment of the crime

Defendant

A is a person who works as an insurance designer and has no relationship with the victim.

1. On November 4, 2015, the Defendant infringed upon the victim D’s residence located in Chungcheongnam-gun Hong-gun, Hongsung-gun on November 4, 2015, and then arbitrarily intruded the victim’s residence to the victim’s living room through the open door to ask for interference with the insurance business.

2. The Defendant, at the same time and time as the victim in the preceding paragraph of the assault, exchanged with the victim in front of the house, and took part in the assault for the same reason as that of the preceding paragraph, and used the victim’s shoulder and boom on several occasions.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Each police statement made to D or E;

1. Each investigation report and each internal investigation report shall be denied by the Defendant.

However, the following circumstances acknowledged by the evidence of the judgment, i.e., ① the finding of a brub in the south's house during the time when the defendant was faced with the victim and the risk of breaking the peace of residence is very high, and ② the defendant divided the first race before entering the house.

In addition, as a result of the confirmation by the investigative agency, it is recognized that the first race is not found in the victim's house, and ③ the victim made the victim's statement to the victim's own house, and ③ the victim made the victim's statement to see E living together with the defendant who is in large sound, and considering all the circumstances in which the defendant and the injured person was punished by the inter-party, it is credibility in the victim's statement that corresponds to the facts charged.

Defendant’s assertion is not accepted.

Application of Statutes

1. Relevant Article 319 of the Criminal Act, Articles 319 (1) and 260 (1) of the Criminal Act, the choice of fines for the crime, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment order is issued for the reasons under section 334(1) or more of the Criminal Procedure Act;

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