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(영문) 광주지방법원 순천지원 2016.12.07 2016고단1426
주거침입
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a intellectual disability 2nd degree B, and the victim C is the mother of the stable team E of the D School, and the Defendant and the victim became aware of the F Games held at D Schools around 2012. A.

At around 18:20 on April 27, 2016, the Defendant came before the entrance of the apartment house, which is the victim of G, in light of the view of the victim’s residence, and up to the front of the victim’s residence through the stairs, “E mother, stove, and opening the te mother, and opening the tetory house to be stove with the death,” and the Defendant’s portraits were divided into several times.

Accordingly, the defendant invadedd the victim's residence.

B. On April 28, 2016, around 00:25, at the entrance of an apartment, such as Paragraph 1, the Defendant reported the above fact to the police and sent it to the police to a flagrant offender, and opened a door door to the front of the victim’s residence door through stairs in order to see the fact that the victim was arrested as a flagrant offender. As such, the Defendant sent the door door to the front of the victim’s residence door.

Accordingly, the defendant invadedd the victim's residence.

C. On April 28, 2016, around 16:48, at the entrance of an apartment, such as Paragraph 1, the Defendant repeatedly posted a door to the front of the victim’s dwelling site through stairs to see the victim’s apology. In short, the Defendant repeated the phrase “I will not see................... in peace, I see it.”

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

Defendant’s legal statement

C Application of the police protocol C to the police protocol

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the victim is punished by the defendant.

However, the defendant erred.

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