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(영문) 수원지방법원 안양지원 2017.02.24 2016고정982
주거침입
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 8, 2016, around 16:45, the Defendant: (a) opened a entrance door of the victim who opened a new signal while in a new state and intrudes on the victim’s residence without following due process without the consent or contact of the victim, the house owner, etc., at the residence of the victim D (46 tax, n, n, n) (46).

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is held and entered as stated in the judgment. However, the defendant and his defense counsel asserted that the illegality of the defendant's defense counsel's assertion constitutes legitimate act under Article 20 of the Criminal Act, because they were entered in order to lock the tap water which flows within the victim's residential area.

In light of the evidence duly adopted and examined by the court, it was revealed that the damage to the victim’s wife immediately before the instant case was proved that the damage caused water to the victim’s wife by going out of his residence and flowing water did not flow out, and otherwise, the damage caused water to the victim’s residence at the time of the instant case.

There is no other evidence, and there is no other reasonable ground for the defendant to enter the victim's residence.

On the other hand, the defendant's act does not constitute a legitimate act under Article 20 of the Criminal Act, and thus, the defendant's and his defense counsel's assertion is rejected.

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