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(영문) 서울북부지방법원 2016. 9. 20. 선고 2016고정1779 판결
주거침입
Cases

2016 Highis 1779 Residence

Defendant

A

Prosecutor

○○ (Acting for Prosecutor, Prosecution, etc.), ○○ (Trial)

Imposition of Judgment

September 20, 2016

Text

Defendant shall be punished by a fine of KRW 500,000.

When the defendant fails to pay the above fine, the defendant shall be confined in the Labor House for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

On July 5, 2016, the Defendant reached the victim B’s house located in ○○○○○○○○○○-ro, Seoul, ○○○○○○○○○○○○○○-ro on July 5, 2016. Although the Defendant had been doing construction of the victim’s house reinforcement floor, the Defendant tried to install the key at the victim B’s entrance entrance to prevent the victim from entering the house so that the victim did not know the price. The Defendant harming the peace of the victim’s residence by unauthorized intrusion into the front of the victim’s house in front of the house entrance through the gate.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning B;

1. Complaint;

1. Investigation report (cases concerning attachment of field photographs);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 319(1) of the Criminal Act (Selection of Fine) 1. Articles 70(1) and 69(2)1 of the Criminal Act of the Detention in Labor House; Article 334(1) of the Criminal Procedure Act of the Provisional Deposit Order

Initiality Award for Judges

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