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(영문) 창원지방법원 진주지원 2014.11.25 2014고단997

건조물침입등

Text

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

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

Reasons

Punishment of the crime

On October 12:40 on October 10, 2014, the Defendant, at the Central Inspection Office of the E University, managed by the victim D in Jinju-si, Jinju-si, intruded another person’s objects into the above Inspection Office, and carried out one 180,000 won at the market price of the victim F on his book.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure records;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny heavier than punishment);

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, on September 30, 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months or 2 years of the suspension of execution due to night buildings, intrusion and larceny, etc. and the judgment was finalized on October 8, 2014, and again committed the instant crime, even during the suspension of execution. However, there is a relatively small amount of damage caused by the instant crime, on the other hand, the amount of damage caused by the instant crime is relatively small, and the victim was temporarily returned on the day of the crime, taking into account the Defendant’s age, age, means and consequence, etc., and other favorable circumstances such as the Defendant’s age, family environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, etc., the sentence shall be determined as ordered in consideration of the sentencing conditions indicated in the instant pleadings.