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(영문) 대전지방법원 2017.12.08 2017고정523
주거침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 15, 2017, the Defendant came to the Jung-gu Daejeon Daejeon on around 22:30 on the ground that the victim D brought a civil lawsuit against himself/herself, and went to the front of the entrance door 1404, which is the residence of the victim, on the ground that the victim D brought a civil lawsuit against himself/herself.

In addition, the defendant opened the entrance of the victim's residence and open the victim's door.

At the same time, “I am snife off by knife, knife, knife,” and “I amnife.”

Accordingly, the defendant invadedd the residence and threatened the victim.

Summary of Evidence

1. The defendant's legal statement (as to intrusion upon residence)

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to the protocol of examination of witness E to witness E;

1. Relevant legal provisions of the Criminal Act, Article 319 of the Criminal Act, Article 283 of the Criminal Act, and the selection of fines for the crime;

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 portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On January 15, 2017, the Defendant found Nos. 3108 Dong-dong 1004, Jung-gu, Daejeon, Daejeon, the residence of D around January 15, 2017, and caused the entrance door door to walking around several times of drinking and sprinking, thereby damaging the entrance door owned by the victim to be repaired.

2. Determination

A. The conviction in a criminal trial shall be based on evidence with probative value, which can lead a judge to have a conviction against the facts charged beyond a reasonable doubt, and if there is no such proof, even if there is no doubt as to the defendant's conviction, the conviction cannot be judged on the charge (Supreme Court Decision 2006Do735 Decided April 27, 2006). (B) According to the record, there are several parts of the apartment door (Evidence No. 14 pages) where D is living, and the defendant admitted the above door door at the time of the instant case.

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