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(영문) 서울중앙지방법원 2017.12.14 2017고정3606

절도등

Text

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

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

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On September 22, 2017, around 12:10 on September 2, 2017, the Defendant: (a) opened a gate that was not locked to steal property from the victim C (44 tax) located in Jung-gu Seoul, Jung-gu and 101; and (b) invaded upon the victim’s residence.

B. On October 3, 2017, around 07:15, the Defendant: (a) opened a gate that did not look at the property from the same place as the above “A” and attempted to intrude into the victim’s residence; and (b) attempted to intrude into the victim’s residence.

2. The Defendant, at the time and place indicated in the above paragraph 1A, stolen and stolen KRW 300,000,000 in cash, followed the victim’s wall on his/her responsibility between the victim and the locked.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A C statement;

1. Application of each police investigation reporting statute;

1. Relevant legal provisions concerning the crime, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 322 and 319 of the Criminal Act, Article 329 of the Criminal Act (the point of attempted intrusion upon residence), Article 329 of the Criminal Act (the point of attempts), and the selection of fines, respectively;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.