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춘천지방법원 2013.10.10 2013고단462
건조물침입
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant, on March 29, 2012, has been sentenced to a suspended sentence of two years in October for violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Chuncheon District Court on March 29, 2012.

4.6. A person whose judgment has become final and conclusive and who is currently under probation.

On December 3, 2012, the Defendant: (a) around 01:41 on December 3, 2012, in front of the “E” restaurant for the victim D operation in Chuncheon City, and (b) went beyond the fence, and intruded on the victim’s structure through windows.

On May 30, 2013, at around 21:45, the Defendant: (a) committed an assault, such as assaulting the victim’s face, head, etc. on the right-hand side, where it is impossible for the victim to know the number of days of treatment; (b) the victim’s cell phone was collected from the victim’s cell phone; and (c) reported it to the victim’s 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement of H and D;

1. The scene of the case and photographs of damage;

1. Defaging CCTV data;

1. Previous records: The application of the Act and subordinate statutes to refer to inquiries, such as criminal records, amounts of dispositions, and results of confirmation;

1. Relevant Article 319(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of a fine for the crime, the choice of a penalty, and the choice of a fine 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 Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include the same criminal record for the defendant, and the crime of this case requires strict punishment for the defendant, such as the fact that it is a crime during the period of probation. However, there are favorable circumstances, such as the expression of reflectivity at the time of committing the crime of this case, and the agreement with the victims, and the character and conduct of the defendant in these circumstances.