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(영문) 청주지방법원 2019.05.16 2019고단323

주거침입등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a victim B's friendly relative.

1. Around 04:10 on January 30, 2019, the Defendant, entering a residence, going beyond the gate, which was corrected by the reason that the victim was not present at the residence of the victim in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and entered the gate and intrudes on the victim’s residence before the entrance.

2. The Defendant damaged property owned by the victim by removing 4 to 5 stones (around 20 cm, about 7 cm) which are dangerous objects (around 20 cm, about 7 cm) located in a flower in the victim’s dwelling room at the end of the victim’s dwelling, resulting in a loss of the victim’s market price by destroying a glass window equivalent to KRW 1.160,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Written estimate;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 369(1), 366 of the Criminal Act (the point of special destruction and damage), and selection 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. Comprehensively taking into account all favorable circumstances, such as the recognition of a crime with reason for sentencing under Article 334(1) of the Criminal Procedure Act and the fact that it is erroneous and contradictory to the fact that the crime is committed during the period of repeated crime, the record of criminal punishment for violent crimes is more frequent, and the defendant's age, character, behavior, motive, relationship with the victim, the relationship with the victim, the means and degree of damage, and all other circumstances that may serve as the conditions for sentencing specified in the records and arguments of this case, including the circumstances before and after the crime, etc., the sentence shall be determined as ordered.