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(영문) 울산지방법원 2019.10.25 2019고단2589
특수건조물침입등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

At around 20:50 on September 21, 2018, the victim C (the 49-year-old) started to request the payment of the unpaid wage of KRW 7 million from the victim before the "D" store operated by the victim C (the 49-year-old store), but the victim got out of the store, caused the wall, which is a dangerous object in the math, to the entrance of the store, and caused the door to the door of the store by breaking up the key installed in the math, with a hack pipe, and 80,000,000 won of the market price owned by the victim, caused the hack pipe's intrusion into the store. The hack pipe was laid out in the store glass, and the victim's market price 2.5 million won of the market price owned by the victim was broken up.

Accordingly, the defendant invadedd the structure managed by the victim by carrying dangerous things, and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each report on the occurrence of crimes, damage to property, internal investigation report, and investigation report;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense and Articles 320, 319 (1), 369 (1), and 366 of the Criminal Act that choose to punish a person (or may intrude a dangerous object or structure carrying a dangerous object), 320, 319 (1), 366 of the Criminal Act;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the principal offense method and form of the crime are dangerous and interview; (b) the nature and circumstances of the crime are not good in light of the circumstances at the time of the crime; (c) the brick and hack pipe, which are dangerous articles by searching for the victim’s structure at night, destroyed the victim’s store glass and complex; and (d) the victim’s store was invaded by the victim’s store; and (c) the degree of damage to property and the amount of damage are not significant.

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