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(영문) 수원지방법원 2018.04.05 2017고정3420
방실침입
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From March 2009, the Defendant is a person who works as the managing warden of the building in the Yeongdeungpo-gu Seoul from the point of view of the Sinsi-si.

On July 2016, the Defendant entered the rooftop room of the above C building managed by the victim D, and opened a entrance and arbitrarily changed the password when the employees of the victim take out the articles inside the rooftop, and had E worked as U.S. dollars members of the said building use the rooftop room, thereby infringing upon the room managed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the crime was committed in order to create a resting space to E, instead of for one’s own interest, that the victim had kept only the goods without being used for several years since the rooftop was illegally extended buildings, and that the defendant committed the crime in order to create a resting space to E, and that was in the room of a rooftop;

Taking into account the fact that the E goods were left up and restored to their original state, the fact that the Defendant has no criminal history, etc.

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