(영문) 전주지방법원 군산지원 2013.11.21 2013고정635

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(영문) 전주지방법원 군산지원 2013.11.21 2013고정635

주거침입

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

As part of the victim C’s transfer, the Defendant and the victim are divorced around September 201.

On June 25, 2013, at around 00:20, the Defendant: (a) called the victim’s house located in the 508 unit of the Da apartment operation in Yasan-si, the Defendant: (b) demanded the victim to open a door with a defect of talking about the issues of raising children, etc.; (c) however, the victim did not comply with such demand; (d) caused the victim’s intrusion on the victim’s residence through the boiler room window.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Address photographs of the case;

1. Photographs of the arrest site; and

1. Application of the statutes governing photographs submitted by the victim;

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

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

1. Although the victim's reason for sentencing under Article 334(1) of the Criminal Procedure Act did not open the door, it was extremely bad that the nature of the crime was extremely bad and harmful to the victim's residence, and the police officer dispatched upon the victim's report to the police officer after receiving the victim's report refuses to complete the defendant's gathering of the victim's house by stating "if there still exist any talk to continue, where it still remains, and the victim's house remains." The circumstances after the crime are not good, and the defendant violated the peace of the victim's residence by finding the victim's house before the crime of this case was committed, and the defendant violated the peace of the victim's house even before the crime of this case was committed, and the defendant's criminal record relation, etc., and thus, the same punishment shall be sentenced to the same punishment because it is difficult to view that the fine for the summary order is excessive.

It is so decided as per Disposition for the above reasons.

참조조문

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