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(영문) 창원지방법원 2017.04.27 2016고단4016
절도등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From August 2012, the Defendant resided in the “D church” in which the victim C, operating as a pastor and residing in Kimhae-si, with the consent of the victim. However, during that process, the Defendant committed various crimes, such as intrusion upon the victim’s residence and theft of clothes, and was requested to request the victim to leave around August 2015.

1. Intrusion upon residence;

A. On August 27, 2016, the Defendant infringed upon the victim’s residence by entering the victim’s residence from the above church at around 13:00 on August 27, 2016 to the kitchen.

B. On September 7, 2016, the Defendant who intrudes upon his/her residence on September 7, 2016, to live with the victim at the above church around 12:00 on September 7, 2016.

At the same time, the victim's residence was invaded.

2. On August 27, 2016, at the above church around 13:00, the Defendant: (a) intruded with the foregoing paragraph 1-A; (b) destroyed the victim’s market price in the front line of the front line of the front line (25cm in length); and (c) stolen the victim’s market price in the front line of the front line of the front line of the church, with one right of 70,000 won, which was the victim’s market price in the front line of the church conference.

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 C;

1. A protocol of seizure and a list of seizure;

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

1. Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, applicable to the crimes;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) the conditions for sentencing specified in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing conditions specified in the instant case, such as the circumstances after the commission of the crime.

The favorable circumstances: at the time of the crime of intrusion into each of the instant dwellings, the defendant did not find the victim in order to inflict any harm on the victim, and the victim was removed.

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