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(영문) 수원지방법원 2020.11.12 2020고정945
주거침입등
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

1. On February 17, 2020, at around 00:30 on February 17, 2020, the Defendant invadedd the victim’s residence by opening the entrance door to the building C in Suwon-si, Suwon-si, and by opening the entrance door, the victim D (the age of 39) resisted the door door’s floor noise between the heater, and went into the house of the victim through the open door door, and invaded the victim’s residence.

2. The Defendant, at the time and place specified in paragraph 1, had a dispute between the victim and the noise between floors, and threatened the victim by “knife with knife, knife, knife, fnife, knife, following the kitchen, knife the knife, knife the knife, b

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. On-site photographs and a statement of 112 reported case processing (the defendant and his defense counsel entered the house with the consent of the victim, and the "kniff is knife" is not written. However, according to the evidence duly adopted and investigated by this court, the victim's statement conforming to the facts charged is consistent with the police to the extent of the damage, and its credibility is recognized, and there is no other evidence to dismiss it. Accordingly, the above assertion is rejected).

1. Relevant Article 319(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of fines for a 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;

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

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