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(영문) 수원지방법원 2019.06.13 2019고정546

재물손괴등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On June 20, 2018, the Defendant: (a) around 05:20 on June 20, 2018, the victim C (the age of 65) in the Hadong-gun B (Seoul) opened a door door that was not corrected for the purpose of receiving money from D when the victim C (the age of 65) resides in the housing leased from D; and (b) entered the dwelling of the victim

B. On June 20, 2018, around 15:50 on June 20, 2018, the Defendant opened a door door that was not corrected for the aforementioned purpose and entered the door and invaded upon the victim’s residence.

2. Around 15:50 on June 20, 2018, the Defendant used assaulting the victim by gathering clothes, flaps, etc. from the inside of the said victim’s house located in the Hadong-gun, Hadong-gun, Hanam-gun, and Habing down his clothes, etc., and demanding the victim to restrain and leave the said body, and thus, the victim’s hand was sprinking the breath of the victim’s breath, walking back the victim’s left flaps, walkinging the victim’s left hand with his cell phone, and marking the victim’s left hand with his cell phone.

3. On June 21, 2018, the Defendant damaged the victim’s property in order to use a incombustible tool in the victim D’s house located in Hadong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each investigation report (to attach the results of field identification and identification photographs, to attach the windows repair receipts, and to photographs by which a suspect assaults a victim in a mobile phone);

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 319 (1), Articles 260 (1), and 366 of the Criminal Act and the choice 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the defendant's error.