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(영문) 수원지방법원 안산지원 2019.11.27 2019고정527
퇴거불응등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is in conflict with the victim B while he gets involved in the early 2018.

1. On December 20, 2018, around 00:10 on December 20, 2018, the Defendant was unable to comply with the eviction and the damage of property, entering the victim’s residence on the first floor of C underground, and having avoided disturbance with the victim, “any relationship with a man with a thickness,” and even though the victim demanded “Salgora,” the victim’s desire to leave the victim for about 20 minutes.

On the same day, the Gu did not comply with the order, and continuously collected the chemical parts at the same place at around 00:31 on the same day, thereby destroying the de facto fireproof powder and the window by destroying the market price.

2. On December 28, 2018, the Defendant: (a) intrusion upon the victim’s residence by entering the front of the entrance through a gate opened to the victim’s residence; (b) intrudes on the victim’s residence; and (c) destroying the entrance door twice by walking the entrance door, thereby damaging the front door glass equivalent to 200,000 won at the market price of the vehicle.

3. Around 01:20 on February 7, 2019, the Defendant invaded upon the victim’s residence by going beyond the gate, which was set aside in the victim’s residence, and going back to the front of the entrance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs at each damaged scene;

1. Relevant Article 319(2) and (1) of the Criminal Act, the choice of punishment for the crime, Article 319(2) and (1) of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, and the choice of imprisonment for each sentence;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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