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(영문) 대구지방법원 2016.07.22 2016고정1258
건조물침입등
Text

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

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

Reasons

Punishment of the crime

[Criminal record] On April 28, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Daegu District Court, and the judgment became final and conclusive on June 20, 2016.

[Criminal facts]

1. Around 06:00 on May 17, 2015, the Defendant intruded on a structure by entering the interior of a cafeteria, which was operated by the Busan Franchising-gu B victim C, with the entrance door of the D cafeteria.

2. The defendant shall intrude into a structure at the time, time, and place described in paragraph (1) to destroy a cooling system and to destroy a cooling system, and shall not take out three bottles with the amount equivalent to KRW 9,00 in the market price owned by the victim C;

E. E.F. C. T. T.C. was stolen with two soldiers, and they were stolen by way of their possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A response to a request for appraisal, or a copy of the report on the results of field identification;

1. All on-site photographs;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of a judgment in the first instance), copy of the sentence of 2016 High Court Decision 289,523, output of the search screen of the consolidated system of the prosecution, and other Acts and subordinate statutes;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (the occupation of a structure intrusion), Article 329 of the Criminal Act, and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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