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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On September 29, 2014, between around 17:00 and around 08:00 on October 6, 2014, the Defendant: (a) entered the room of the victim E, from around 17:0 to around 08:0, in an influent manner, the Defendant infringed the victim’s possession by entering the room of the victim E, from around 8:00.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A letter of confirmation on the thief case, personal identification, and fingerprint appraisal report;
1. Application of Acts and subordinate statutes to records on site;
1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act of the choice of punishment, and the selection of fines (including the fact that the accused has entered the victim's room, recognized the fact that the accused has entered the victim's room, and
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The specification of the facts charged
A. The defendant and his defense counsel asserted that the facts charged of the crime of intrusion by the defense room in their holding were not specified.
B. The purport of the law, which stipulates the date, time, place, and method of a crime, to specify the facts charged, is to limit the scope of the trial against the court, and to facilitate the exercise of the defense right by specifying the scope of the defense against the defendant.
Therefore, the facts charged are sufficient to fully state the facts constituting the constituent elements to the extent that they can be distinguished from other facts by taking account of the foregoing elements. Even if the date, time, place, method, etc. of a crime are not specifically indicated in the indictment, if it is not contrary to the purport of the law that specifies the facts charged and its general indication is unavoidable in light of the nature of the crime charged, the indictment cannot be deemed unlawful because the contents of the indictment are not specified.
(See Supreme Court Decision 2013Do12803 Decided December 12, 2013, etc.). C.
Among the facts charged as to the crime of intrusion in the judgment, the date and method of intrusion are generally indicated.
However, this Court has duly adopted and investigated.