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(영문) 대구지방법원 2019.01.31 2018고단5833
주거침입등
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

On November 27, 2018, at around 14:30 on November 27, 2018, the Defendant: (a) went to “D”, a temple operated by the victim C, who was in the Gyeongbuk-gun B; (b) and (c) was aware that the victim did not carry the inspection, and had the victim stolen the money that was used to cast it to the inspection.

The Defendant: (a) entered the second floor of 2nd floor through a brue blusium with a smaller level of brue and a small size of brue; (b) opened the brush by inserting brushes by inserting brushes, etc. in the brush in the brush; and (c) carried approximately KRW 200,000,000,000, which

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to report on investigation (verification of whether the place for this crime is residence);

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the 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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant committed the instant crime in addition, even though he was under the suspension of the execution of imprisonment due to larceny, etc., the criminal liability is not weak.

However, the defendant's crime of this case is recognized, the degree of damage is not severe, and the defendant's age, character and behavior, environment, conditions before and after the crime is committed, etc., and the punishment is determined as ordered in consideration of the age, character and behavior, circumstances before and after the crime.

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