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(영문) 서울북부지방법원 2018.01.17 2017고정1724

건조물침입등

Text

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

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

Reasons

Punishment of the crime

"2017 High Doz. 1724"

1. On January 29, 2017, the Defendant infringed upon a structure with a view to theft of property in a D cafeteria operated by the Gangnam-gu Seoul Metropolitan Government Victim C (V, 50 years of age) around 13:44.

2. A thief, as described in paragraph (1), the Defendant invadedd and stolen a 100,000 won in cash owned by the victim C (n, 50 years of age) who was on the cafeteria next to the restaurant c (n, 50,000 won in a package equal to 50,000 won in the market value.

[2017 High Doz. 2002]

3. On December 24, 2016, the Defendant: (a) around 15:10 on December 24, 2016, at G cafeteria operated by the Seoul Gangnam-gu E Victim F (F, 47 years old); (b) under the influence of alcohol, the Defendant: (c) expressed his/her desire to defecul in the table; (d) he/she was fecul in the table; and (e) he/she was fecul in the table; and (e) he/she was feul in the table.”

Sticker's pots were put on the floor, etc. for about 30 minutes.

Accordingly, the defendant interfered with the victim's restaurant business by force.

4. As set forth in paragraph 3, the Defendant reported that the victim F (n, 47 years of age) took his image in a restaurant, and assaulted the victim by putting the part of the victim beyond the victim’s tight floor once by hand.

Summary of Evidence

"2017 High Doz. 1724"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (the creation of CCTVs, the confirmation of the time error, and the specification of the time of crime) 201.

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to take photographs of victims, screen pictures, CDs, and photographs of victims;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (Influence of buildings), Article 329 of the Criminal Act (influence of intention), Article 314(1) of the Criminal Act (influence of business), and Article 260(1) of the Criminal Act (influence of violence) of the option of criminal facts;

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;