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(영문) 서울남부지방법원 2015.12.10 2015고정2026
주거침입미수
Text

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

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

Reasons

Punishment of the crime

The Defendant and the victim B were dead from November 2014 to December 2014.

On March 16, 2015, at around 3:51, the Defendant: (a) sought an entrance bell from the Gangseo-gu Seoul Metropolitan Government Cbuilding 702, where the victim resides, and opened several times to the victim to see “multi-op.” on March 16, 2015; (b) confirmed that the Defendant was seated; and (c) attempted to open a lock door with a locker to enter the door against the victim’s will; (d) however, the Defendant attempted to prevent the victim from entering the Defendant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Articles 319 (1) and 322 (Selection of Punishment of Fines)

1. A fine of one million won for the sentence sentenced (or summary-type - a fine of one million won: There is no special change in circumstances that may determine the punishment differently from the summary order);

1. Articles 70 (1) 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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