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(영문) 서울중앙지방법원 2017.06.16 2017고단2945

건조물침입등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, on March 27, 2017, entered the Republic of Korea without a visa for the purpose of tourism on or around March 27, 2017.

On April 1, 2017, at around 03:30, the Defendant: (a) intruded the victim’s water base station located in Gangnam-gu Seoul Metropolitan Government, Seoul, with a fence outside the fence; (b) damaged the foregoing electric vehicle by using a string box from the outside of the vehicle No. 3227 on the 3rd-dong, the victim owned by the Defendant, “TONG Headquarters” of the size of 1.5m wide and 1.5m long from the outside of the vehicle No. 3227, the victim owned by the Defendant, thereby damaging the foregoing electric vehicle to cover repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. Entry of individual entry or departure status;

1. Application of each of the visual Acts and subordinate statutes on the screen of a picture flag and CCTV-fag which has fallen on the electric dynamics;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (Influence of buildings), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances deemed to be the reason for sentencing) of the suspended sentence is that a foreigner of Austria nationality, who enters the Republic of Korea for tourism purposes and stays in the Republic of Korea for a short-term period, the defendant went to the subway vehicle base, which is a facility managed by the public management authority, and left the Republic of Korea at night, and left the Republic of Korea, and thus falling short of punishment is not highly necessary because the nature of the crime is not good. However, the defendant is against all confession of the crime, and the defendant is recovered without difficulty, and the execution of the sentence is to be suspended, and the sentence against the defendant is to be imprisonment with prison labor, and the execution of the sentence is to be suspended.