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(영문) 의정부지방법원 2017.11.09 2016고정82
건조물침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 7, 2015, the Defendant: (a) related to the plugg of measuring instruments for the purpose of using the electric measuring instruments installed by the victim D in the C detached Building in the Namyang-si, Namyang-si, the Defendant: (b) connected the plugg to his own warehouse approximately 50 meters away from that electricity; and (c) stolen electricity in the market using the said electricity for more than two hours in the way of using the plug for two hours.

2. On July 8, 2015, the Defendant intruded into a house above around 08:00, and damaged the door door installed at the entrance and exit of the entrance, two even two visits inside the building, and two locks that are dried up in the door even if they were doored, thereby damaging the market price in order to cover repair costs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Finding of the complaint, on-site, and photographing of damaged objects;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of Section 329 of the Criminal Act), Article 319 of the Criminal Act (a point of intrusion on a structure), Article 366 of the Criminal Act, and the choice of fines, respectively;

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. The defendant and his defense counsel asserted that there was no fact that the defendant invadeds on the building of the damaged person as stated in this part of the facts charged, and damaged the panel, etc. in the building using the rash, etc. of the damaged person, as stated in this part of the facts charged.

In other words, the following circumstances acknowledged by this Court comprehensively based on the evidence duly adopted and examined by this Court, i.e., ① the victim from the investigative agency to this court, “at the time the instant building was located for a period of six years, but the village residents had brought about the means of garbage, coolings, etc., and then deducted them around July 7, 2015.

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