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(영문) 제주지방법원 2015.02.13 2014고정1083
재물손괴등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 5, 2014, the Defendant leased No. 906 of the C building 906 to the victim B, and the victim did not pay monthly rent of 2-month, and around September 19, 2014, the Defendant: (a) found the key repair hole to the above place where the victim resides and opened the key repair hole; (b) entered the victim’s residence to open the entrance door; and (c) replaced the said door keys with a different one, thereby damaging the unsatisfies in the market.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Articles 319(1) and 366 of the Criminal Act (the point of entering residence). Selection of each fine;

1. Suspension of sentence: Article 59(1) of the Criminal Code (a) of the Criminal Code provides that "the agreement is entered in the immediate withdrawal from office at the time of non-payment for two months in advance." Considering the fact that the defendant has sent a document proving the contents of the contract (a deposit amount of KRW 3 million, monthly rent of KRW 600,000) and that the defendant was a first offender without previous conviction, the defendant is judged to be remarkably normal in his opening [the suspended sentence: fine of KRW 300,00, KRW 100,000 per day, and KRW 10,000 per day] [the suspended sentence] of Article 59(1) of the Criminal Code (a special agreement on the lease agreement in which there are circumstances to take into account the motive, circumstances, etc. for the commission of the crime.

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