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A fine of 5,00,000 shall be imposed for the second crime in which the defendant has held.
The defendant does not pay the above fine.
Reasons
Punishment of the crime
On July 23, 2015, the Defendant was sentenced to a suspended sentence of ten-month imprisonment for a crime of intrusion upon residence in the Seosan Branch of the Daejeon District Court on July 23, 2015, and the probation period becomes final and conclusive on July 31, 2015.
1. On May 24, 2015, the Defendant committed the crime: (a) around 21:00 on May 24, 2015, when the Victim E was located in Kim Jong-si, Kim Jong-si; (b) opened a door door that was not set aside to think of the act of self-defense; and (c) entered the house and intruded on the victim’s residence.
2. On August 13, 2016, the Defendant committed the crime at around 22:10 on August 13, 2016, when he was the house of the Victim G located in Kim Jong-si, Kim Jong-si, the Defendant: (a) stolen the victim by its windows; (b) invaded the victim’s residence by entering the house of the victim’s house without gate.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol with respect to E and G;
1. A criminal investigation report (to be accompanied byCCTV photographs), investigation report (to verify the details of transit of a vehicle for the suspect in the case 2015-111) and investigation report (to specify a vehicle for the purpose);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the previous convictions and judgment, etc.);
1. Article 319 (1) of the Criminal Act and Article 319 of the same Act and the selection of fines for criminal facts;
1. Article 37 of the Criminal Act for concurrent crimes (as to the crime No. 1 in its holding): Provided, That Article 39 (1) of the Criminal Act shall apply;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The latter part of Article 39(1) of the Exemption of Punishment Act (as to the crime No. 1 in the judgment), Article 39(1) of the Criminal Act (as to the crime in the judgment, the defendant was already punished for the same kind of crime, and the crime in the instant paragraph (1) of this case was committed before the above judgment becomes final and conclusive, and in light of the time, contents, etc. of the crime, the defendant is exempted from punishment, taking into account the equity
1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that intrusion upon the house of victims at night for the purpose of meeting sexual desire is not good.