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(영문) 인천지방법원 2018.05.15 2018고정408
주거침입
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

On September 20, 2017, the Defendant: (a) around 21:15 on September 20, 2017, 2017, the Defendant: (b) around 201:15, the victim D (n, 49 years of age) located in the Nam-gu Incheon Metropolitan City, and his/her his/her father, resided in E, and opened a closed door and intrudes on the victim’s residence.

"2018 High 408"

1. On October 31, 2017, at around 01:40, the Defendant: (a) committed assault against the victim D (n, 49 years of age) who was in an internal relationship in the Namdong-gu Incheon Metropolitan City, and (b) around 00:20 of the same day from E in which his/her father’s wife resides, and (c) was voluntarily accompanied to the district of the Gu, and was investigated, and infringed upon the victim’s residence by taking out the necessary corrective devices of the closed entrance back to and back to E.

2. On November 7, 2017, the Defendant found around November 21:13, 2017, on the ground that the injured party D and his/her father’s wife resided in E, would escape from meeting, thereby infringing upon the victim’s residence in the same manner as that of paragraph (1).

Summary of Evidence

[2018 High 408]

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Each CCTV photograph, etc.;

1. 112 Report processing table (2018 High Court Decision 753 Dated 753);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act and the selection of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order repeats several times, and even after having been investigated by the police as a case of assaulting the victim, the defendant’s house was found immediately after having been investigated by the police, and the sentence like the order is pronounced.

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