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(영문) 전주지방법원 군산지원 2020.03.30 2019고정224
건조물침입등
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On April 6, 2018, the Defendant, who intruded with a structure, opened a door by force by force, and intrudes into a matete, which is operated by the victim C (year 74) located in Si/Gunsan-si B, for the purpose of cutting off tobacco stored in the cigarette display stand in the cresh of the victim’s absence.

2. The Defendant cited the victim C (year 74)’s total market value owned by the Plaintiff at a time and place identical to the above paragraph (1) as 200,000 pieces of tobacco and 3 category of Chinese tobacco and 3 category of tobacco.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 6 and 7);

1. Relevant Article 319(1) of the Criminal Act, the choice of punishment for the crime, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, the selection of fines (the recognition of the crime of this case and the reflection thereof, the agreed point, etc.);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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