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(영문) 인천지방법원 2020.04.23 2020고정404
주거침입등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B(50 years of age) have been divorced for about 15 years prior to the divorce, and they are able to do so only as a child problem.

1. Intrusion upon residence;

A. On August 20, 2019, the Defendant: (a) around 15:00 on August 20, 2019, when the victim waiting to enter the house in front of the victim’s residence, the victim cannot open the door and opened the door and intruded the victim’s residence.

B. On September 15, 2019, around 15:03, the Defendant was living in the above victim’s residence, and before that time, the password, which was divided by the victim when the front door was opened, opened a door and invaded upon the victim’s residence.

2. Around September 23, 2019, the Defendant: (a) destroyed special property, on the ground that the victim’s house does not enter the said victim’s residence; and (b) his/her children do not have any heavy disaster between the Defendant and the victim, the Defendant broken down two copies of a glass window or two copies of a cell, which is the market price of the victim’s wall located on the wall of the living room, on the ground that his/her children do not have any serious disaster.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Notification of a department related to reporting 112 cases;

1. On-site photographs, watchic photographs, and Kakao photographs sent to the victim by the suspect;

1. Application of investigation reports, investigation reports, and Acts and subordinate statutes to the Acts and subordinate statutes;

1. Relevant Article 319(1) of the Criminal Act, Articles 369(1), 366 of the Criminal Act, and Articles 366 of the Criminal Act, the choice of fines for the crime;

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

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

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