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(영문) 서울동부지방법원 2017.02.08 2016고정1916
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is living in his domicile and has been 13 criminal offenders such as violation of the Subsidy Management Act.

The Defendant, while being aware that the victim’s residence is in the first floor and the young male and female living at night or during new wall hours, knew that they had windows on the first floor, which is the victim’s residence, can be seen as having been cut off. The Defendant considered the new wall time to be peeped.

At around 01:00 on 30, 2016, the Defendant intruded into the first floor parking lot ( inside the wall) with the victim C (25 years of age) her son-gu and her clothes in Songpa-gu Seoul, Songpa-gu, Seoul, and opened the iron door immediately front of the window to open the front window of the victim’s house located behind the parking lot, and discovered it to the victim who known it.

Accordingly, the defendant invaded on the inside of the parking lot of the damaged person, thereby harming the peace of the victim's residence by breaking the iron door front of the windows.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation, etc.);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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