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(영문) 서울북부지방법원 2015.09.23 2015고정1453
주거침입등
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

1. From May 6, 2015 to 05:30 on the same day from May 6, 2015 to 06:00 on the same day, the Defendant entered the victim C’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, and stolen recyclables, etc. located in the said house, and entered the house beyond the fence of the said house.

Accordingly, the defendant invadedd the victim's residence.

2. A thief attempted theft: (a) the Defendant, at the date and time specified in paragraph (1), and at the place specified in the foregoing paragraph, intended to open two aluminium doors installed at the entrance of the warehouse of the said house, and to carry them out after removing them. However, the said victim, who discovered the Defendant, requested the return of the entrance and exit, continued to set the entrance door on the front door of the said site when demanding the return of the entrance.

Accordingly, the defendant tried to steals two entrance doors on the market price which was managed by the victim, but did not bring about such intent but did not commit an attempted crime.

3. The Defendant, as described in paragraph 2, continuously avoided the Defendant from the new text station located in Dongdaemun-gu Seoul Dongdaemun-ro 472, Dongdaemun-gu, Dongdaemun-gu, Seoul, and caused the Defendant to get off the subway along with the victim and get off the subway station located in the same Gu king-ro 205.

On May 6, 2015, at around 06:15, the Defendant assaulted the victim at one time by hand when the victim prevented the Defendant from moving from the platform of the Cheongmul Station.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to new literary photographs;

1. Relevant Article 319(1) of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 260(1) of the Criminal Act, the choice of a fine for a crime, the choice of a punishment, the choice of a fine for a crime

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

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

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

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