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(영문) 수원지방법원 안산지원 2021.03.09 2020고정1064
주거침입등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

【2020 High Doz. 1064】

1. On July 16, 2020, the Defendant, at around 00:50 on July 16, 2020, on the ground that 00:50, Ansan-si B building in Ansan-si, and C & D’s dwelling area, the Defendant denied her claim and confirmed her telephone conversationsd by the victim, and the victim went into his/her dwelling without permission.

“ 2020 Maz. 1065”

2. 피고인은 2020. 4. 15. 05:00 경 피해자의 주거지 인 안산시 상록 구 B 1 층 주차장에 주차되어 있는 피해자 소유의 E 포터차량을 발견하고, 위와 같은 사유로 탑 차의 뒷문 쪽에 두 곳, 운전석 방향 옆문 쪽 한 곳을 알 수 없는 물건으로 찍어 표면이 움푹 파이게 만들어 수리비 미상이 들도록 손괴하였다.

Summary of Evidence

[20 Maz. 1064]

1. Statement by the defendant in court;

1. Report on the internal investigation of the police statement concerning D concerning F of the suspect interrogation protocol, and on-site photographs with regard to D (20 high class photographs 1065);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning D's investigation report (on-site visit and confirmation of the status of damage) to D's statement, and photographs related to damage to property;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the selection of fines for negligence;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is as follows: (a) the Defendant entered a D’s residence, such as the 1st body of the judgment in the judgment, and assaulted against D’s face and chest at approximately six times.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, the victim, after instituting a public prosecution, expressed his/her wish to punish the defendant.

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