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(영문) 춘천지방법원 속초지원 2019.08.14 2018고단323
주거침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 8, 2018, the Defendant entering a residence: (a) around 21:00, the Defendant opened a door that was not corrected for the purpose of locking and entered the said door to the victim’s residence; (b) around 21:00, pursuant to the D Building E managed by the victim C located at the Seocho-si.

2. A thief, as described in the above Paragraph 1, the Defendant invaded upon the victim C’s residence and stolen the potential, with the key to the D building E in the market price of the victim’s possession, which was placed in the new stief in the said residence around July 9, 2018.

3. On July 10, 2018, the Defendant: (a) stated in the indictment “Around July 21, 2018. 21:00”; (b) according to the report of the occurrence of the case (in the face of the investigation record), the Defendant would attempt to visit a female on July 10, 2018.

“The investigation is initiated by the report, and the date and time of the written indictment are deemed to be a clerical error, so the date and time of the crime shall be corrected as above.

In the case of the D Building G managed by the victim F in the Si/Gu, the two keyss of the D Building E, which were stolen as described in the above paragraph (2), were opened and entered into the said G door, but was removed from the victim and attempted.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Application of Acts and subordinate statutes on larceny;

1. Relevant Articles 319(1) and 329 of the Criminal Act (the point of intrusion upon residence), Article 329 of the Criminal Act (the point of larceny), Articles 322 and 319(1) of the Criminal Act (the point of attempted intrusion upon residence), the choice of fines for the 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. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, which include the following conditions of sentencing, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, shall be determined as ordered in consideration of the following conditions of sentencing.

The defendant. The defendant.

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