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(영문) 의정부지방법원 고양지원 2018.07.12 2018고정203
주거침입등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal records] On October 19, 2017, the Defendant was sentenced to a suspended sentence of three years in one year and six months of imprisonment with prison labor due to a crime of destroying special property in the Goyang Branch of the Jung-gu District Court. The judgment became final and conclusive on October 27, 2017.

[2] Criminal facts are as follows: (a) the Defendant, from around August 2016 to around December 12 of the same year, coming from the victim B (n, 41 years of age) and from around August 2016 to the annual relationship.

1. On July 11, 2017, the Defendant damaged property: (a) around 22:00, the Defendant: (b) 407, which was the victim’s residence in Yangcheon-gu Seoul apartment complex C, Yangcheon-gu, Yangcheon-gu, Seoul, for the crime prevention of windows, and (c) removed and damaged the said window by dracker’s hand.

2. The Defendant violated his residence came into the residence of the victim at the time of the day indicated in paragraph 1, and then removed the crime prevention window, and then intruded upon the victim’s residence through windows.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. On-site photographs;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence, the selection of fines), and Article 366 of the Criminal Act (the point of destroying property and the selection of penalties) concerning the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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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