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(영문) 광주지방법원순천지원 2020.11.11 2020고정359
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who lives in the adjoining house of the victim B (math, 68 years old).

At around 21:51 on April 16, 2020, the Defendant opened a gate that was not locked on the ground that he did not repay the money between the victim’s house located in Bosung-gun, Chungcheongnam-gun, and infringed upon the victim’s residence by recklessly entering the gate and return the house of the victim for about five minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement No. B prepared by the police;

1. Application of Acts and subordinate statutes to report internal investigation (in the event of attaching a field photograph and inquiry of the suspected victim's personal data), investigation report (the closure of a victim's house CCTV and the attachment of video CDs);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize the Defendant to commit the instant crime, and considering the fact that the Defendant was the first offender who had no record of criminal punishment prior to the instant case as an element of sentencing, comprehensively taking into account all factors of sentencing as indicated in the argument of the instant case, including the background leading up to intrusion upon the victim’s residence, circumstances after the crime, the age of the Defendant, and the intent of punishing the victim,

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