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(영문) 대구지방법원 2017.01.25 2016고정2575
주거침입등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On May 19, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. from the Sungnam branch support on May 19, 2016, and the judgment became final and conclusive on May 30, 2016. On October 6, 2016, the Defendant was sentenced to 2 years of suspension of the execution of imprisonment with prison labor for special larceny, etc. from the Suwon branch support center, and the judgment became final and conclusive on October 14, 2016.

[Criminal facts]

1. Intrusion upon residence;

A. On September 7, 2015, the Defendant entered a senior citizen center in Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu (hereinafter referred to as “the Defendant had been engaged in volunteer activities”) and invaded upon a structure managed by the victim C.

B. On September 10, 2015, the Defendant entered a senior citizen center in Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu (hereinafter referred to as “the senior citizen center”), stating that “the senior citizen center was planned to steal another person’s money and valuables,” and infringed upon the building managed by the victim E.

2. Larceny;

A. The Defendant, at the time, at the time, at the place specified in paragraph 1-A, 1 of this Article, caused 20,000 won in cash by taking advantage of the gaps in which the surveillance of the victim was neglected. (B) At the time, at the place specified in paragraph 1-b, the Defendant stolen one wall containing KRW 10,000 in cash, which is 10,000,000,000 in cash, owned by the victim E, and one wall containing KRW 80,000 in cash, which is 80,000,000,000,000, was destroyed. The summary of the evidence was stolen.

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of C, E, and F;

1. Report on internal investigation (CCTV investigation) and investigation report (in the form of a suspect exposed to CCTV around the G apartment senior citizens center);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, search for each case, and application of each written judgment;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (a) (a point of intrusion on buildings), Article 329 of the Criminal Act (a point of emergency), and the choice of fines, respectively, for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, and Article 38.

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