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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
1. Intrusion upon residence;
A. The Defendant, at around March 12, 2014, at around 16:20 on March 12, 2014, went into the house of the victim D with the second floor in Daegu-gu Seoul-gu Seoul-gu, and infringed upon the victim’s residence by opening an entrance door and opening the house.
B. The Defendant: (a) opened the entrance door of the victim E at the same time and opened the entrance door which was not locked and intruded into the victim’s residence in the same location with the lack of the ability to discern things or make decisions with the fact that he or she was able to discern things due to the on-site (mental fission).
2. Attempted larceny;
A. While the Defendant, at the same time and place as the above paragraph 1(a) inasmuch as he/she lacks the ability to discern things or make decisions due to an on-site illness, the Defendant did not commit an attempted crime but did not discover stolen things by entering the victim D's house, such as paragraph 1(a) in the same manner and place as the above paragraph 1(a).
B. The Defendant did not commit an attempted crime, even though he/she had the ability to discern things or make decisions due to the on-site illness, and had the same date and time as the above paragraph 1(b), and at the same place as the above paragraph 1(b), and did not come to the wind that can be discovered by the victim E, while cutting the stolen articles into the victim E house, as in the above paragraph 1(b).
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Each police statement made to D and E;
1. On-site photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Articles 342 and 329 of the Criminal Act (the point of attempted larceny) and the selection of fines for each crime;
1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act for statutory mitigation;
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;