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(영문) 서울북부지방법원 2017.02.01 2015고정2543

절도등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From 1967 to 1981, the Defendant is the first clan of the victim C (hereinafter referred to as the "victim clan") who has moved to the chairperson of the victim clan.

From November 1, 2014 to March 18, 2015, the Defendant did not recognize D, who is in charge of the duties of the head of a clan, as the chairperson, did not admit D as the chairperson. On February 21, 2015, the Defendant held an emergency countermeasure committee to elect himself/herself as the chairperson of a clan, and requested D to take over his/her office property and documents, etc., but D requested D to take over the said documents, etc., but D violated D’s office due to disregarding this.

Accordingly, around 16:00 on April 24, 2015, the Defendant destroyed two gates set up in the office E 4th to damage the key, and intruded into the said office without permission, and opened one of the credit cooperatives in his place through the approved maintenance G to repair the key, thereby bringing about KRW 1,00,000 to the victim's own checks (H or I: check number: H or I), two copies of the check to the victim's own right of KRW 1,00,000,000,000,000,000,000,000,000,000 won. The summary of evidence was stolen.

1. Legal statements made by witnesses L, and partial statements made by witnesses D;

1. Statement made by the prosecution with respect to D (including the part concerning the L/C statement);

1. Each police statement concerning G, D, F, and L;

1. Investigation reports (Attorney M phone Investigation), investigation reports (Attachment, etc. of photographs submitted by a victim), investigation reports (documents submitted to the victim D);

1. Application of video CD-related Acts and subordinate statutes

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (the occupation of a structure intrusion), Article 329 of the Criminal Act, and the selection of fines for the crime;

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

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

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