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(영문) 전주지방법원 2013.06.26 2013고정324

주거침입등

Text

Defendant shall be punished by a fine of 1.50,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. At around 02:30 on September 30, 2012, the Defendant: (a) opened a victim’s house and intrudes upon the residence by entering the “D” where the victim C (hereinafter referred to as “D”) located in Seojin-gu Seoul Metropolitan Government B (hereinafter referred to as “C”) without any justifiable reason.

B. The Defendant destroyed and damaged property by cutting about KRW 101,00,000, which was placed in front of the entrance at the same time and time as the preceding paragraph, on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes concerning investigation reports (related to estimate of damaged articles);

1. Relevant Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, the choice 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 (the fine imposed by a summary order shall be reduced in light of the fact that the victim and the victim agreed smoothly on January 8, 2013, which was after the institution of the instant indictment);

1. Articles 70 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;