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(영문) 인천지방법원 부천지원 2015.01.22 2014고정787
주거침입등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 22, 2013, at around 05:25, the Defendant: (a) obstructed the entrance of the victim within the “D operated by the victim C (the 39-year-old) of the 301st floor B, Seocheon-gu, Seocheon-gu, 2013; (b) however, the entrance door was set up and opened at the entrance to walk several times; and (c) invaded the victim’s residence.

2. After entering the victim’s shop as above, the Defendant damaged the property by means of cutting off the articles equivalent to KRW 1.170,000,00 in total, such as three main body of the computer owned by the victim who was in the camera at the entrance (on the ground that the victim did not open the door), two monitors (on the basis of a market price of KRW 700,000), one facsimile (on the basis of a market price of KRW 120,00,000), one canm (on the basis of a market price of KRW 30,00,000), one canm (on the basis of a market price of KRW 20,00,000), or walking from the floor, on the ground that the victim did not open the door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to E written statements (E), each photograph, investigation report (related to damaged goods and amount of damage);

1. Relevant Article 319(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and 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. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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