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(영문) 서울남부지방법원 2019.05.28 2018고정676
주거침입
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant offered that the Defendant would purchase the said No. D on February 2, 2015, which was around the time when the lease contract was terminated, by leasing the Victim B’s Gangseo-gu Seoul (hereinafter “instant real estate”), which was owned by the Victim B, and that the Defendant would pay the interest on the loan offered as security and pay the principal of the loan in installments.

On February 2, 2017, the Defendant expressed his/her intent not to purchase the above No. D, and thereafter, upon receiving a request from the victim to the effect that he/she would not purchase the said No. D, it would be the director of the victim on November 2017 while disregarding the said request, and the victim left the above No. D, and the victim moved back to another person after the Defendant left the said No. D, and requested the lease of the said No. D to the real estate office.

After that, around 13:00 on December 23, 2017, the Defendant possessed one of the two keyss under the above D, without returning to the victim. On the other hand, the Defendant opened a gate with the key and carried them into his own body and infringed upon the above subparagraph D managed by the victim.

Summary of Evidence

1. Statement made by witnesses B in the third protocol of the trial;

1. Partial statement of the police interrogation protocol of the accused;

1. Investigation report (Submission of a victim B monthly rent contract, etc.);

1. Application of statutes on field photographs;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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