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(영문) 부산지방법원 2016.05.26 2015고단3892

건조물침입등

Text

1. The defendant shall be punished by imprisonment for six months;

2. The Defendant shall pay 1,130,000 won to the applicant for repair.

Reasons

Punishment of the crime

1. On May 27, 2015, the Defendant infringed on a structure: (a) opened a door door installed at a police station in the Yeongdeungpo-do, Do, Do, Do, where 1-20, Seodaedong-dong, Busan, Busan, and 20, on the ground that he or she ought to take a bath to himself or herself; and (b) intrudes into the Yeongdeungpo-do police station parking lot managed by the chief of the police station of the victim Young-do.

2. The Defendant damaged the said vehicle by removing the front number plate of the vehicle in front of the vehicle owned by the victim B at the time and place in the above paragraph 1 above, and by using the bricks, the Defendant destroyed the said vehicle so that the repair cost equivalent to KRW 1,130,006 would be lost.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes for investigation reporting;

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;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 25(1), Article 31(1), Article 31(2), and Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Orders for Compensation and Declaration of Provisional Execution (hereinafter “Special Cases Concerning the Punishment of Provisional Execution”) can be used for violent crimes including the previous convictions with reason for sentencing. In addition, the circumstances, such as the failure to reach an agreement with the victim and the unknown whereabouts of the victim, etc.,