logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.09.12 2017고정12
절도등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 28, 2015, the Defendant cut off the door locks of the warehouse managed by the victim D in Gwangju City on December 28, 2015, and intruded into the structures managed by the victim, entering the warehouse.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and E respective legal statements;

1. Part of the statement made by the police against D;

1. Each investigation report (in relation to the attachment of a contract for sub-lease, a report on the details of payment of victim rents shall be submitted), copy of the contract, and deposit details;

1. Working instructions/Minutess, and written agreements;

1. On-site photographs [In light of the progress of the Dong business contract concluded between the Defendant and the victim recognized as comprehensive evidence as seen earlier, the process of concluding sub-lease contracts for Gwangju CityF and G warehouses, details of rent payments, contents of notes and written agreements prepared on December 18, 2015 and June 16, 2016 by the Defendant and E, the victim occupied and managed the G warehouse at the time of the instant case.

Therefore, the defendant's act of cutting off the entrance door of the above warehouse as stated in the facts charged and entering the warehouse constitutes a crime of intrusion on the structure.

Application of Statutes

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On December 23, 2015, the Defendant, at around 16:00 on December 23, 2015, stolen the instant facts charged with a new launch of approximately KRW 2,00,000 at the market price, which is one of the victims’ possession, at a warehouse operated by the victim DD located in Gwangju City, with approximately KRW 2,00,000.

2. Determination

A. The finding of guilt in a criminal trial must be based on evidence of probative value, which could lead a judge to have a conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the defendant shall be convicted.

arrow