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(영문) 광주지방법원 2017.06.21 2017고단1967
특수건조물침입등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 21, 2017, at around 09:33, the Defendant: (a) opened and opened an entrance with a view to destroying and not correcting the doors of the victim C using the lives (14cm in total length, 4cm X5cm in the lives (14cm in total length, 4cm X5cm in the lives) which is a dangerous object to D childcare centers operated by the victim C in Gwangju Mine-gu, Gwangju; and (b) after opening and entering the entrance.

“Along with sound,” the windows, strings, amounts, computer monitors, Mas, keyboards, etc. located in the office and the center room.

Accordingly, the defendant invadedd the building managed by the victim by carrying dangerous articles, and damaged the victim's property owned by the victim in a total of 1,994,100 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A protocol of seizure and a list of seizure;

1. Written estimate;

1. Photographs of seized articles;

1. Photographs, such as the scene of crime;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act and Articles 320, 319 (1) (a point of intrusion upon a special structure), 369 (1), and 366 (a) of the Criminal Act concerning facts constituting an offense; 320, 319 (1) (a point of destroying a special property; a choice of imprisonment with prison labor);

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Type 1 (Special Destruction, etc. of Habitual Cumulative Offense) (Determination of the recommended area), the mitigated area (Determination of the recommended area), 4 months to 10 months; and

B. Since the sentencing criteria are not set for special crimes of intrusion upon residence in the holding, only the lower limit of the recommended punishment (four months) is set.

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence) (two years of suspended sentence) is likely to be one of the causes leading to the instant crime; the primary offender was led to the confession of the instant crime; and the repair cost was paid.

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