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(영문) 서울남부지방법원 2020.04.08 2020고정41
주거침입등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who resides in Guro-gu Seoul Metropolitan Government apartment, the victim C (V, 56 years old) is a person who resides in the same apartment, and there is no dispute over each other's key issues.

1. Intrusion upon residence;

A. On May 26, 2019, around 00:30 on May 26, 2019, the Defendant: (a) divided several labels with alcohol; and (b) infringed upon the victim’s residence, such as: (c) intending to enter the victim’s body even though the victim’s husband was obstructed by having the front door door door, the gate door, and the gate door door by hand.

B. On May 28, 2019, around 19:50 on May 28, 2019, the Defendant, even though the victim did not open the door, was invaded upon the victim’s residence by continuously putting a level and putting a door door up, thereby impairing the peace of the victim’s residence.

C. On July 8, 2019, around 23:30, the Defendant infringed upon the victim’s residence by continuously enjoying labels, etc. even if the victim does not open his/her door, thereby undermining the peace of the victim’s residence.

2. The Defendant’s insult around May 28, 2019: around 20:30 on May 28, 2019, at the bus stops in Guro-gu Seoul Metropolitan Government B apartment, and the victim became the Defendant.

As stated in the foregoing paragraph, the victim openly insultingd the victim by referring to the victim as “I am son, I am son, I am son, I am son.” several times as “I am son, I am son, I am son.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (D telephone call);

1. Application of Acts and subordinate statutes to written E;

1. Relevant Article 319(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the 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 provides that a provisional payment order shall be issued.

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