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(영문) 광주지방법원 장흥지원 2019.06.27 2019고단13
건조물침입등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:00 on January 7, 2019, the Defendant entering the building (hereinafter “D Licensed Real Estate Agent”) at the “D Licensed Real Estate Agent Office” operated by the victim C in Seoul-gun, Seoul-gun, for the reason that E working at the said office does not have to resolve any problem related to the land purchased by the Defendant and was not subject to telephone, the Defendant opened a door of the said office and intruded into the building managed by others.

2. The Defendant: (a) destroyed and damaged property by citing the chairs located at the same time and at the same place as the above paragraph (1); (b) destroyed and damaged the total sum of 2,044,00 won, including 1,50,000 won in total, 2 of the market value of the victim C, which is the victim C, located in the office; and (c) three of the pipe fluences in total of 1,520,000 won in the market value; and (d) four of the entrance fluences in total of the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to a report on the occurrence of loss, a report on internal investigation, and a report on investigation;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order include the fact that the defendant has been punished several times for violent crimes, the defendant's recognition of the crime of this case reflects the fact that the defendant, the victims and victims are not subject to punishment, the victims' age, character and behavior, environment, health conditions, motive and result of the crime, and all of the sentencing factors specified in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the court.

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