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(영문) 인천지방법원 부천지원 2017.01.25 2016고정1556
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

Defendant

A is a friendly relationship with the victim B(55 years of age, women).

1. On October 25, 2016, the Defendant damaged the 30,000 entrance glass of a 2nd floor of the building C (55 years, 80 years, 00) in order to enter the building managed by the victim B (5 years, 00) of the second floor of the building C, Seocheon-si, 2016.

2. The Defendant infringed upon a residence at the same time and place as set forth in paragraph (1) by entering the victim B (55 years, 50 years, 00) to the inside of the second floor of the same building that he managed, thereby impairing the peace of the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police are entered in B;

1. Relevant legal provisions of the Criminal Act, Article 366(1) of the Criminal Act (the point of damage to property), Article 319(1) of the Criminal Act (the point of intrusion upon residence), and selection of fines, respectively, 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. Considerations such as the agreement with the victim on the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that the defendant had a significant record of the same similar crime.

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