logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.12.13 2017고단2725
건조물침입등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 31, 2017, the Defendant had a weak ability to discern things or make decisions under the influence of alcohol around 23:30.

1. On July 31, 2017, the Defendant damaged property by removing two internal electric wires equivalent to KRW 100,000 in the market price, respectively, installed on the second and third floors of the said building, owned by the victim D in Mapo-gu Seoul Metropolitan Government around July 23:30, 2017.

2. The Defendant infringed upon a structure, at the time and place specified in paragraph (1), and the victim’s structure entered the victim’s office (302 office of the building where correction was not made) to hear sound that the Defendant damaged and damaged fire-fighting emergency bell as stated in the same paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Articles 366 and 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Articles 10(2) and 55(1)6 of the Criminal Act to mitigate mental and physical weakness [a] Articles 10(2) and 55(1)6 of the Criminal Act [a] and 55(1) of the said Act [a] [a]ffor the Defendant who committed each of the crimes in this case, was fford three soldiers in a small amount which is equal to a small amount of 1 soldier in a usual manner before the Defendant committed the crimes in this case

In full view of the following facts: (a) the victim’s building is a place having no relation with the defendant; (b) at the time of arresting a flagrant offender, the defendant was married in the bend of an empty office; and (c) the defendant’s speech and behavior after the crime, etc., it is deemed that the defendant committed each of the crimes in this case under the influence of alcohol and lacks the ability to discern things or make decisions.

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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

arrow