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(영문) 제주지방법원 2013.05.15 2012고단1028
주거침입등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On July 17, 2012, the Defendant: (a) opened a window that did not correct the back of the second floor victim D of the C Building C at Seopopopo City; and (b) maintained the peace of the victim’s residence.

2. The Defendant: (a) entered the victim’s dwelling place at the time and place under paragraph (1) and damaged the Defendant’s house by putting the goods equivalent to KRW 2,050,000 in total amount of KRW 5,840,000 in the market price and KRW 780,000 in the amount of KRW 1,50,000 in the market price; (b) 1,50,000 in the market price; (c) 1,450,000 in the market price; and (d) 1,450,000 in the market price and 360,000,000 in the market price; and (d) 1,000,000 in the market price and 30,000,000,000 in the market price and 5,840,000 in the market price.

3. At around 01:00 on August 8, 2012, the Defendant laid cement bricks at the FCh of E located in Seopopopo-si, the victim was found at the FCh entrance of FCh, and damaged 230,000 won at the market price (a 70cm x 2m) and 50,000 won at the market price (a lom x 1m x 2m m).

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of the written estimate statutes;

1. Relevant Article 319(1) of the Criminal Act, Articles 319(1) and 366 of the Criminal Act, and the choice of fines 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 include: (a) the victim who was living together with the defendant for the reasons for sentencing of Article 334(1) of the Criminal Procedure Act had sought the victim to do harm as seen above; and (b) the victim has filed a claim for ad hoc measures by the defendant's act, which is disadvantageous to the defendant; (c) the defendant does not appear with the victim again; and (d) the defendant has stated that it is against the victim, which is favorable to the defendant.

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