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(영문) 서울서부지방법원 2016.09.29 2016고단1748
주거침입등
Text

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

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

Reasons

Punishment of the crime

1. On June 3, 2016, around 12:40 on June 3, 2016, the Defendant invadedd the said victim’s residence by entering the Mail capital through a rogate under the influence of alcohol without any justifiable reason.

2. The Defendant damaged the property by unloading a 60,00 won or less of the market price in a 60,000 won of a tree (1m in length) that was cited after entering the victim C’s residence, as set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Attachment of field photographs;

1. Application of the written estimate statutes;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the selection of fines for negligence;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the confession of the defendant and the misunderstanding of the defendant, the degree of damage and records of crime, whether the defendant has reached an agreement with the victim, and the age, sex behavior, environment, circumstances after the crime, etc.

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