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(영문) 서울중앙지방법원 2020.02.04 2019고정2265
건조물침입등
Text

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

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

Reasons

Punishment of the crime

1. On August 28, 2019, at around 06:30, the Defendant: (a) committed an intrusion on a structure managed by the victim by taking the stairs up to the second floor through the entrance door of the first floor, which was not corrected in the said building managed by the victim D, with an mind to cover garbage in C used by leasing and renting Gwanak-gu B building; and (b) without permission or consent.

2. The Defendant destroyed and damaged property by means of dusting the excreta, which is a garbage, prepared in advance on the floor and the carpets of the entrance and front doors managed by the victim E at the time and place described in paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of victim;

1. Application of statutes on site photographs;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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