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(영문) 춘천지방법원 강릉지원 2017.11.08 2017고정265
주거침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On July 24, 2017, the Defendant infringed upon the residence of the victim, such as entering the boiler room (ware) through the boiler room, beyond the house fence of the victim D (51 tax) in Gangnam-si on the ground of an influence around 01:44, and entering the rooftop.

2. The Defendant damaged property by breaking the victim D’s house on the same date and at the same place as the above 1.3m, on the grounds as above 1.m., and on the same grounds as above 1.m., the Defendant destroyed the victim D’s house, which was installed in boiler (ware) storage, and by taking the plastic roof slate in an amount equivalent to KRW 100,000 in repair cost (50m in width, 100cm in length).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to On-Site photographs, etc.), investigation report (Analysis and attachment ofCCTV image data);

1. Relevant legal provisions concerning facts constituting an offense, Articles 319 and 319 of the Criminal Act (the occupation of intrusion upon residence), Article 366 of the Criminal Act, and the 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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