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(영문) 수원지방법원 성남지원 2017.09.08 2017고정368

절도등

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

1. On August 12, 2016, the Defendant damaged the property in an amount equivalent to KRW 200,000 at the market price by destroying the windows of the above sub-use rooms in order to enter the E-Ba, the victim D in Gwangju-si, the victim D in Gwangju-si, thereby destroying the property.

2. The Defendant infringed upon a residence at the same date, time, and place as set forth in paragraph 1, and entered the house through a shoulder window in mind that he would bring the gifted things to the victim D, and invaded upon the victim’s residence.

3. The Defendant: (a) thief, at the same date and time as paragraph (1) of this Article; (b) 5 parts of the market price of the victim D owned by the internal cremation at a place, which is equivalent to KRW 1,000,000; (c) 1 set-off and 2 set-off of the market price; and (d) 2 set-off of the end of the provision equivalent to KRW 200,000; and (d) 6,000, a market price of the above victim owned by the said victim, was cut off.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. On-site photographs and reports on the results of field meals;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the amount of damage);

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of fines, respectively, 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;