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(영문) 부산지방법원 2017.11.08 2017고정817
방실침입등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who actually manages a hotel with D hotel owners in Busan Dong-gu C, and the victim E is a person who has been operating an entertainment center of "F" by leasing three hotels from the Defendant since about 10 years ago.

1. Although the term of lease expires, the Defendant infringed upon a room in Busan Dong-gu (hereinafter “F”), with a view to removing a facility of a main hotel around January 2016, the Defendant opened a password, which was known in advance, through the entrance door of a 3st hotel located in Busan Dong-gu, for the purpose of removing the facility of a main hotel, and intruded into the room occupied by the victim against the victim’s will.

2. The Defendant damaged the property owned by the victim by destroying the main equipment, such as the urban influor, shock, shot machine, etc., while removing the main equipment at the same time, place, and main equipment as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Each police investigation report (The details of conversations between H and G, documents submitted by the suspect A - Lease Agreement, lease contract, details of search of the case, complaint, request expansion and cause supplement, response, documents submitted by the complainants, written statements, answers, written statements - estimates, field photographs, each witness H and on-site photographs, telephone conversations with witness G, telephone conversations with the complainants, and telephone conversations with the complainants

1. Application of the statutes on photographs;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion by room), Article 366 of the Criminal Act, and the selection 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes and reflects his mistake, there is no record that the defendant has been punished for the same kind of crime or has exceeded the fine, and otherwise, the age, sex, environment, and crime of the defendant.

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