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(영문) 인천지방법원 부천지원 2019.03.28 2018고단3321
주거침입등
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is the former husband of the victim’s wife B.

On July 14, 2018, from around 21:40 to around 04:00 on July 15, 2018, the Defendant entered the victim’s house located in the apartment unit of the Gu C apartment and intruded the victim’s residence without the victim’s consent.

2. On July 15, 2018, at around 04:00, the Defendant infringed upon the victim’s residence as described in paragraph 1, and was on board the Defendant’s car established on the street located in D during the period of escape from the victim to the kiscing out of the kisc.

In order to make the victim turn off a car in front of the car which the victim want to drive away and start, the defendant brought the victim by driving the car in the future in order to keep the victim turn off.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Application of the Act and subordinate statutes to a criminal investigation report (limited to the attachment ofCCTV images) and a copy of images attached thereto;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 319 (1) and 261 (1) of the Criminal Act concerning the selection of punishment, and the selection of fines;

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;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the victim's wife, who is a joint residence holder, was issued a first rank from the victim's wife and stayed in the victim's residence. However, when the victim returned home before the victim was anticipated, the case of driving a motor vehicle in the course of driving the motor vehicle by using the remaining motor vehicle, which is concealed by using the other motor vehicle. There are some circumstances to consider the motive for committing the crime.

As a result, it is not easy to infringe on the legal interests of the victim's frighting or impairing the peace of residence and privacy, but it is considered as planned or intentional assault.

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