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(영문) 대구지방법원 김천지원 2017.09.21 2017고정289
건조물침입등
Text

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

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

Reasons

Punishment of the crime

The defendant, as a foreigner of Chinese nationality, worked in the E plant operated by the victim D in Kimcheon-si, Kimcheon-si.

1. On March 6, 2017, the Defendant: (a) infringed on a structure; (b) 11:52 on March 6, 2017, the Defendant got out of money lent to the victim; (c) brought about the said factory to the victim’s factory; and (d) intruded inside the factory through an unrest creshing cresh that was not corrected by using the unreshing cresh; and (c) was stolen by driving the vehicle at the time of the trucking 12 million won or less at the market price, which is the victim’s own cresh, with its key.

2. The Defendant violated the Construction Machinery Management Act without obtaining a construction machinery pilot license for the above day, and driving the above-mentioned vehicle, which is the construction machinery stolen from the above factory to H located in Kimcheon-si G, about about about 1km.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation (in the event of a business operator’s registration certificate and a copy of the contract), internal investigation report (in the event of a business operator’s registration certificate and a copy of the contract), and internal investigation report (in the event of a closure of a suspect, accompanying photographs);

1. Application of Acts and subordinate statutes to reply data on whether construction machinery pilot's license is acquired;

1. Relevant Article 329 of the Criminal Act, Articles 319 and 319 of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, and Article 26 (1) of the same Act (a point of intrusion upon residence), the selection of fines for each offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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