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(영문) 서울북부지방법원 2015.04.15 2014고단4705

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

On December 2, 2014, the Defendant opened a gate that has not been corrected on the first floor of the building and intruded into the second floor through the stairs in order to use the victim D's clothes in the multi-family house located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for the purpose of cutting away the female clothes, and then cut off them with various clothes, such as panty, etc., the market price of the victim owned by the victim, who was in the fladder, was the victim, who was in the fladder, and was in the fladder.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, in consideration of the fact that the defendant invadeds on another person’s residence and steals goods, and thus, the nature of the crime is not good, and the defendant has already committed such crime even though he was under the prior indictment of the suspension of indictment due to the panty theft with similar contents, the defendant should be punished for the strict punishment.

However, the defendant led to the confession of the crime of this case, and his mistake is divided, the defendant is the first offender and intellectual disability 2, the parent of the defendant is currently going to be able to give the defendant a correct opportunity for active psychological treatment and wrong behavior. At present, the defendant's director is far away from the victim's house and is likely to repeat the crime of this case, and the defendant's age, character and behavior, environment, motive, means and result of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as per the order.