beta
(영문) 대전지방법원 서산지원 2013.08.29 2013고단299

주거침입등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 11:00 on March 17, 2013, the Defendant opened a church house in Taean-gun B, where the four-story victim D resides in Taean-gun, and intruded into the inside and outside, and opened an inside and outside of the inside and found the objects to be stolen, but failed to discover.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Relevant Article 319 (1) of the Criminal Act, Articles 342 and 329 of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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 is recognized to have a number of identical punishment for a crime during the period of repeated crime for sentencing, but the defendant has been unable to repeat the crime of this case for more than two years since the date of the recent release, and the victim has not been injured by the attempted crime of this case, and the victim would have been a prior offender, the defendant shall be sentenced to a fine in order to give him an opportunity to return normally to society.