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(영문) 부산지방법원 동부지원 2016.05.11 2016고단243
주거침입등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On January 19, 2016, around 19:20, the Defendant entered the entrance door in order to open the entrance door to the extent of KRW 300,000,00,000, in front of the “Dhand Art Gallery” operated and driven by the victim C in Nam-gu, Busan.

In the above art gallery, the defendant laid down the tree string in the floor of the above art gallery after mathing the lele, and destroyed the tree stringr glass of the above art gallery so that it can be seen as repairing cost of KRW 70,000,00,000, and the market price of KRW 2,000,000,000 in the market price of the above art gallery is also 1,1, 1, 1, 1, 1, 1, 1, 1,000,000,000 won in the market price of KRW 7,000,000,000 in the market price, and 1,50,000,000,000 won in Japan.

Accordingly, the defendant intruded on the victim's residence, and damaged the victim's total market value of 7.22 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (Attachment of estimates for damage), estimates, investigation reports (Attachment of photographs of damaged articles), and photographs of damaged articles;

1. Relevant Article 319 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense (the point of intrusion upon residence) and Article 319 (the point of destruction of property) of the Criminal Act (the selection of each fine);

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance where the crime of this case is committed by intrusion upon art gallery and destroying exhibits, etc. The nature of the crime is bad, even though the defendant was in the period of suspension of execution, recidivism is committed by the defendant, and there are many criminal records of the same kind to the defendant.

However, the defendant recognizes the facts charged.

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