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(영문) 수원지방법원 성남지원 2016.01.19 2015고정882
절도등
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 6, 2014, the Defendant violated a structure: (a) concluded a contract with the victim C to construct the “E Child Care Center” building located in Gwangju-si; (b) concluded a construction contract with the victim C to complete the construction; (c) but did not receive full payment of the construction price from the victim; (d) had been in mind with the victim on May 18, 2015, for the purpose of collecting the claim for the remainder of the construction price.

At around 16:00 on the same day, the Defendant opened a door to the victim. However, the victim temporarily opened the door and entered the victim “(D).” On the ground that he/she is required to repair the defect of the windows, etc. of the above child-care center even though he/she was called, he/she entered the above child-care center office through open windows after removing the above windows from G, who is a father of the person F and protective facility, and the above windows were removed.

Accordingly, the defendant invadedd the victim's structure.

2. The Defendant damaged property: (a) entered through the above open windows at the time and place specified in paragraph 1; and (b) removed two fire doors in an amount equivalent to the total market value of KRW 2 million, which is the victim C owned by the victim; (c) one glass door; (d) four glass windows; (d) one shock network; and (e) one office door together with the above F and G.

Summary of Evidence

1. Statement by the defendant in court;

2. The legal statement of the witness C;

3. Application of the Acts and subordinate statutes on the police statement protocol to G;

1. Relevant Article 319 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the facts constituting an offense. Article 316 of the Criminal Act (Selection of Each Fines);

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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