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(영문) 제주지방법원 2016.07.22 2016고정247
주거침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 08:50 on August 14, 2015, the Defendant infringed upon the Defendant’s residence by entering a warehouse via CMa in Jeju, which is the residence of the victim B (59 years old) on August 14, 2015.

2. The thief Defendant invaded into the victim B (59) warehouse as stated in the above criminal facts, and stolen them by holding 10 km (a market value equivalent to 00,000 won) during storage in the warehouse.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared by B;

1. A report on investigation (Attachment, such as site photographs);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions and the choice of punishment concerning the facts constituting an offense: Article 329 of the Criminal Act (the point of Section 329), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the selection of each fine;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The fact that the punishment of imprisonment and fine can be imposed for a crime of the same kind for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; the fact that damaged articles have been recovered; the motive and circumstance of the crime; circumstances after the crime; the defendant's occupation, age, family relationship, etc. shall be taken into account;

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