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(영문) 수원지방법원 성남지원 2017.09.22 2017고정1028
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Defendant

A and victims B (28 years, South) are siblingss.

1. On February 7, 2017, around 14:30, the Defendant attempted to enter the house by inserting the key repair hole for the purpose of taking part in the right of possession and internal goods of the pertinent residence into the house for the purpose of: (a) around 14:30, Hanam-si, and Dtel 303, the victim’s residence; (b) however, the Defendant attempted to open the door by force to enter the house; (c) however, the victim did not open the door inside, and did not comply with the Defendant’s request due to his/her identification, and failed to achieve the purpose

B. On February 8, 2017, at the same place as before and after the preceding paragraph, the Defendant destroyed a string electronic lock equivalent to KRW 150,000,000, which is a dangerous object that was prepared in advance for the purpose of taking possession of possession rights and internal goods of the pertinent residence (33 cm in length) by using hacks (i.e., a dangerous object).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes to photographs and data related to scene of occurrence and damage;

1. Relevant Articles 322, 319 (1) (a) (a point of attempted intrusion upon residence) of the Criminal Act concerning the facts constituting an offense, Articles 369 (1), 366 (a), and 366 (a point of destruction of special property) of the Criminal Act, and selection of fines, respectively;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order requires a reduction in part of the amount of fine set forth in the summary order by taking into account the following: (a) the Defendant, as the first offender, led to the confession and reflect of the instant crime; and (b) the victim expressed his intent to not pay the penalty by mutual consent with the victim.

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