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(영문) 서울중앙지방법원 2019.02.13 2018고단6720

건조물침입등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 01:41 on April 7, 2018, the Defendant got in front of the Lestop in Gangnam-gu Seoul, which is managed by the Victim C, and then caused damage to the victim’s management equipment, such as repair cost, 11,225,360 won, on the ground that, in relation to the bringing of his clothes, a man in his or her home is considered to drive away from and enter the Lestop managed by the victim, and that he or she is unstoved by the victim, he or she is considered to drive away from his or her own clothes and entered the Lestop.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. E statements;

1. The application of each damaged photograph, investigation report (the telephone survey for reporters E), estimates, investigation reports (the confirmation ofCCTV image), and defense counsel’s written opinion;

1. Relevant statutory provisions Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and 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. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant did not damage the collection of stuffs, etc. to the extent that the repair cost would be equivalent to KRW 11,225,360.

2. The following facts can be acknowledged by the evidence duly adopted and examined by this court, namely, by destroying the Defendant’s door door door and door door door door so that he can cover the door door and door door door door door up to the second floor with the wall door door, thereby causing a 330,000 won at the cost of repair work on the wall surface of the first floor and the second floor, and temporary glass replacement cost.