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(영문) 광주지방법원 장흥지원 2017.05.25 2017고단53
절도등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 7, 2017, the Defendant: (a) destroyed the victim C’s house located in the Southern Heung-gun, Seoul, by using dracker, thereby destroying and damaging locks equivalent to KRW 5,000, the market price of the victim’s possession, in a knife and damaging the knife, the Defendant destroyed the knife of the amount of KRW 8,000, the market price of the victim’s possession.

2. The Defendant who intrudes upon his residence came into the house of the said victim C, and then stolen the property, thereby destroying the locks as above and destroying the lock through the entrance door, and invaded upon the victim’s residence.

3. The Defendant stolen the victim C’s cash 70,000 won, and the victim’s market price at the victim’s own 70,000 won, at the above date and place, and at the same time, at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (the photograph of the scene of a crime) and a report on investigation (the calculation of the amount of damage);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, Article 329 of the Criminal Act (the point of damage to property), and the choice of fines, respectively, for the crime;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that of larceny);

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

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

The elements of sentencing that are disadvantageous to the victim: the fact that the victim intrudes into the inner part of the victim's house, the fact that the same criminal record of the sentence is four times: the defendant recognized his fault and reflects his fault, the fact that the amount of damage is a small amount, the fact that the victim agreed with the victim, and the defendant is waiting for marriage.

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