(영문) 창원지방법원 2016.08.26 2016고단1939

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(영문) 창원지방법원 2016.08.26 2016고단1939

절도등

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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

From September 2014, the Defendant had the victim D's house located in Kimhae-si Kim Jong-si, resided with the consent of the victim.

In the process, the Defendant committed various crimes, such as intrusion upon the victim's residence and theft of clothes, and was requested from the victim on July 2015 to request from the victim on the house.

1. A thief, around July 2015, the Defendant: (a) retired from the victim’s house at the end of the said victim’s end; and (b) took a theft on the victim’s cell site at the market price of KRW 20,000,000 for personal use.

2. On June 12, 2016, around 22:00, the Defendant infringed upon a victim D’s house located in Kimhae-si, Kimhae-si, for the reason that he/she would seek a letter and live together with the victim, he/she entered the victim’s house through the above house and invaded the victim’s residence against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of investigation reports (the structure of a church building and the route and detailed details of the residential intrusion about A) (the provisions of statutes;

1. Larceny of relevant legal provisions concerning criminal facts: Violation of residence under Article 329 of the Criminal Act: Article 319 (1) of the Criminal Act;

1. Selection of each alternative fine for punishment;

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. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act with respect to the punishment of sexual crimes against the victim of this case at the Changwon District Court on July 16, 2015, despite the fact that the defendant was sentenced to the suspension of the execution for six months at the present time, he/she again committed the crime of this case, despite the fact that he/she again committed the crime of this case. Of the crime of this case, the charge of intrusion upon the house of this case, the defendant wanted to live together with the victim against his/her will, and the victim would have suffered considerable mental suffering.

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