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(영문) 서울남부지방법원 2016.11.18 2016고정2226
주거침입등
Text

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

The defendant around April 2016 is a person who did electrical construction, such as the installation of lighting fixtures, on a house owned by the victim B(36 years of age).

1. At around 10:50 on May 10, 2016, the Defendant entering a residence was unable to receive the cost of electrical construction services, such as lighting fixtures, installed in housing B located in Gangseo-gu Seoul Metropolitan Government, and thus, the Defendant entered the second floor of the building through the stairs outside the victim’s house wall for the purpose of separating electrical equipment, such as lighting fixtures, contact terminals, etc., from the house.

2. The Defendant damaged property by separating lighting fixtures, tampons, and tampons already installed at the victim’s house by using electric tampry and pents, and cutting electricity lines installed inside the building, on the ground that the Defendant did not receive the costs of electrical construction from the victim at the above temporary location, thereby damaging property to ensure that the amount equivalent to KRW 3,850,000 for repair costs would be exceeded.

3. The Defendant, at the above temporary location, stolen the property owned by the victim, with a blick hole from separation of lighting fixtures, twitphones, and the location of electric blocking from the victim B’s house for the foregoing reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The place and photograph of the occurrence;

1. Application of Acts and subordinate statutes to a criminal investigation report (Analysis of text content between the victim and the suspect), investigation report (CCTV attachment);

1. Relevant Article 319(1) of the Criminal Act, the choice of punishment for the crime, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of fines;

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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