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(영문) 제주지방법원 2014.12.18 2014고정1019
주거침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for larceny in the Jeju District Court for 4 months, and the judgment became final and conclusive on June 20, 2014.

1. Intrusion upon residence and theft;

A. On March 5, 2014, around 15:00, the Defendant intruded into the residence of the victim C (30 years of age) in Jeju-si B, and stolen an aesthetic aluminium gate installed in the capital column.

B. At around 17:00 on March 6, 2014, the Defendant intruded into the victim E (the age of 71)’s residence located in Jeju-si, and stolen 2 Aluminium sinium 200,000 won at the market price.

2. On March 18, 2014, around 15:10 on March 15, 2014, the Defendant intruded into an abandoned house in Jeju, and attempted to remove two new entrance doors (70x156), and one door (88x190) at the time of the new warehouse (8x190) from the open door of the entrance, and the Defendant did not commit an attempted crime, and the Defendant was not aware of it to G (n, 64 years of age) who is the victim of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and C;

1. E statements;

1. Each photograph;

1. Application of inquiry letters, a copy of judgment, and statutes;

1. Relevant legal provisions and choice of punishment concerning facts constituting an offense: Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act and Articles 329 of the Criminal Act; Selection of fines;

1. Concurrent handling: The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. A provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances with the reason for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable circumstance: (a) the recognition of a crime is contradictory to the recognition; (b) the value of the damaged goods of the crime committed during the course of larceny cannot be considered to be a relatively large amount; and (c) the crime that could have been adjudicated simultaneously with the larceny for which a two-year suspended sentence became final and conclusive in April; and (d) the extenuating circumstances are unfavorable to the fact that the crime was committed.

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