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(영문) 수원지방법원 안산지원 2013.12.17 2013고정1878
주거침입등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 11, 2013, the Defendant was sentenced to five months of imprisonment with prison labor for a crime of intrusion at the Seoul Southern District Court on July 12, 2013 and the said judgment became final and conclusive on July 12, 2013.

On December 14, 2012, at around 10:00, the Defendant: (a) opened and intruded the victim C’s house located in Mai-si B and 1st floor; (b) opened an unrecepted window; and (c) was arrested by the police officer who was dispatched after receiving a report on the opening of clothes, etc. in the inside and in the ward, and found a stolen object, and did not commit an attempted crime.

Accordingly, the defendant invadeds another person's residence, steals things, and attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police's self-examination of the accused;

1. A written statement of C and D;

1. Investigation report (nine pages of evidence records);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the summary agreement and assistance;

1. Relevant Article 319 (1) of the Criminal Act and Articles 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of fines), Articles 342 and 329 of the Criminal Act (the occupation of attempted larceny and the selection of fines) concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the Defendant was sentenced to imprisonment for the same kind of crime and is serving as a repeated offender. It is so decided as per Disposition on the grounds above.

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