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(영문) 광주지방법원 2016.10.21 2016고정1214
재물손괴등
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who has been subject to restrictions with the victim B from October 2013 to June 7, 2015.

1. On June 9, 2016, at around 19:40, the Defendant entering the residence of the victim in Gwangju Seo-gu, Seo-gu, Gwangju, by entering the password of the digital escape book, which was known to the ordinary place of residence of the victim, opened the door to intrude into the victim’s residence, and continued to intrude into the victim’s residence. At around 20:30 on the same day, the Defendant entered the above password and opened the door to the victim’s residence. However, even though the gate was opened, the Defendant invadedd the victim’s residence by opening the bend door door of the victim’s leg, following the gate to the gate, and entering the gate into the victim’s residence.

2. Around 08:00 on June 10, 2016, the Defendant: (a) had a victim’s residence at the place specified in paragraph (1); (b) had a digital escape password of the entrance of the victim’s possession; and (c) had the victim’s use thereof arbitrarily changed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to on-site evidence photographs, investigation reports (on-site CCTV image verification-studio intrusion processes), investigation reports (the simple use of a studio vehicle by a suspect for a studio intrusion);

1. Relevant Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice 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 sentencing of Articles 70(1) and 69(2) of the Criminal Act shall be determined as ordered by taking into account the following circumstances: (a) the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime.

Defendant is led to confession, and is against himself.

The defendant seems to have committed each of the crimes in this case by contingency.

The defendant is the first offender.

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