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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Criminal facts
1. On August 14, 2017, the Defendant infringed upon a residence: (a) around 21:40, at the victim C’s residence located in the window B of Changwon-si; (b) confirmed that the victim did not have home and confirmed that the victim did not have home; and (c) opened the window for the crime prevention installed in the victim’s window and intrudes on the victim’s residence by leaving the window and entering the house to the house.
2. In order to enter the above residence of the Defendant, the Defendant damaged the owner of the above residence by leaving the victim’s name in his hand, thereby damaging the market price’s repair cost.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of statutes on the spot photographs;
1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the selection of fines for negligence;
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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the Defendant, include: (a) the Defendant’s mistake was pened in depth; (b) there are some circumstances to consider the motive and background leading to each of the instant crimes; and (c) the Defendant has no particular criminal history.
On the other hand, the fact that the defendant did not agree with the victim C until now, and the damage to property has not been recovered is disadvantageous to the defendant.
In addition, in full view of the methods and results of each of the crimes in this case, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, age, sexual conduct, intelligence, environment, etc., were determined in the same sentence as the orders.