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(영문) 수원지방법원 2018.05.04 2017고정3202
절도등
Text

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

1. On January 201, 2017, the Defendant: (a) stolen the victim E’s house located in G, Young-gu, Young-gu, Young-gu, Seoul; (b) with a 24K net gold strawing in a size equivalent to one million won at the market price owned by the victim; and (c) committed a theft.

2. On February 18, 2017, the Defendant attempted to intrude upon residence, at the same place as indicated in paragraph (1) around 07:40 on February 18, 2017, followed the air-conditioner room installed on the outer wall of the building and opened and opened the victim E’s house beer, and the Defendant attempted to prevent the Defendant’s mother-friendly F from entering the Defendant’s window at the right time.

3. The Defendant threatened the victim F, who is the mother of E at the same time and place as that of paragraph 2, with the voice of “I am Ma, I Ra, and I am dead,” and expressed the attitude that I would like to inflict bodily harm on the victim’s father E.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on the scene of intrusion into residence, text of intimidation, and the details of G message;

1. Relevant legal provisions of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (abstinance, a fine, etc.), Articles 322 and 319 (1) of the Criminal Act (a person who attempts to intrude upon a house, an option of a fine), Article 283 (1) of the Criminal Act (abstinence, and an option of a fine);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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