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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 17, 2017, around 21:45, the Defendant: (a) opened an open entrance of the victim, and (b) opened at the house of the victim C(48) located in 104 dong 406 on the ground that the victim had another male, the Defendant opened the key of the entrance door of the apartment at the market value of KRW 200,000,000 at the victim’s market value, and caused the damage to the said apartment, and continuously intruded the said two through the opening entrance of the victim through the victim’s house.
Accordingly, the defendant damaged the property owned by the victim and infringed on the residence of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. C’s statement;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Reporting on the arrest of a case;
1. 112 Application of Acts and subordinate statutes notifying departments related to reporting;
1. Relevant Articles 319(1) and 366 of the Criminal Act regarding criminal facts (the point of intrusion upon residence), each of the choice of fines (the Defendant was sentenced to a fine of KRW 7 million due to the crime of injury, etc. in 2015) and 15 times of punishment for identical violent crimes. The instant crime was committed by the Defendant, as it was destroyed with locks and intrudes upon a female-friendly tool in order to ensure that the female-friendly Gu is located together with another male, and thus, is not inconsistent with the applicable law and crime.
However, in consideration of the fact that the defendant both led to the crime and is against the law, that the defendant installed a new lock instead of the locks destroyed by the defendant, and that the injured person does not want the punishment of the defendant by mutual agreement with the victim, punishment shall be imposed at once by fines).
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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.