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(영문) 창원지방법원 거창지원 2013.11.06 2013고정114
주거침입등
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant: (a) the victim was the victim C and neighbors; (b) the previous victim set the drainage route to his own house; and (c) requested that a large amount of rainwater flown into and out of his house and flown toward the road; (d) however, the Defendant had a good appraisal as the victim did not neglect it.

1. On July 28, 2013, around 08:10 on July 28, 2013, the Defendant: (a) entered the victim’s house located in Chungcheongnam-gun, Chungcheongnam-gun; and (b) entered the victim’s house through the entrance route where the main gate is not installed to comply with the discharge of the drainage route to his/her house; and (c) into the victim’s house and intrudes on the victim’s house

2. The Defendant causing property damage, at the same time and time as the above Paragraph 1, did not go through the drainage way to the road, and applied the victim’s words “Ipson’s superior to the inside land” to the victim’s house at the same time and at the victim’s “Ipson’s superior to the inside land.” The Defendant destroyed a vinyl which covers the victim’s own market price by inserting a stone fence and drainage, which covers the victim’s four to five times with a nnife, and then cut off one set of 1 to two years with a nife, and then cut down the nife of 1 to two years with a nife.e., a tree 17g (less than KRW 10,00,000 per market price).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 319 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment (the occupation of intrusion, the choice of fines), and Article 366 of the Criminal Act (the occupation of destroying and damaging property, and the choice of fines);

1. The former part of Article 37 and Article 38 (1) 2 of the Criminal Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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