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(영문) 서울중앙지방법원 2016.10.27 2016고단5395
건조물침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On April 16, 2016, around 00:30 on April 16, 2016, the Defendant entering a structure: (a) opened a corrective glass door of the said Lestop and intrudes on the structure managed by the victim, on the ground that the victim was disregarded by the victim D, located in Gangnam-gu Seoul, for the first time.

2. The Defendant damaged the property by inserting the victim’s chair, table, fire powder, etc. within the above Lestop, and throwing the paint at the bottom, and destroying the property such as the receipt room, glass entrance, chair, and food.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Each written statement of D;

1. On-site photographs;

1. A criminal investigation report (Submission of a written estimate of the victim), a quotation, and a damaged photograph;

1. The contents of conversation;

1. Investigation report (to confirm a telephone, such as whether to correct a victim's door door);

1. A criminal investigation report (to be accompanied by facsimile, such as a written estimate to make the victimD);

1. Application of the FDP and collection production, transaction specifications, and the statutes of the Director of the Customer Office;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of a structure, the choice of imprisonment), and Article 366 of the Criminal Act (the occupation of destruction and damage of property and the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations according to the sentencing criteria;

(a) An motive for committing a crime that may be criticized for the aggravated area ( August to January 16) of Category 1 (Crime of Recommendation) (Crime of Destruction, Damage, etc. of Property), which is the general standard of damage to property;

(b) Intrusion of structures: Offenses for which the sentencing criteria are not set; and

(c) Handling multiple offenses: The minimum of the recommended punishment (eight months of imprisonment) shall be followed, as it is concurrent offenses under the former part of Article 37 of the Criminal Act between the crimes for which the sentencing guidelines are set and the unestablished crimes;

2. Circumstances disadvantageous to the decision of sentence: The crime of this case was committed due to a mistake or retaliation appraisal against the victim, and the damage of the defendant was inflicted on the victim due to a broad and non-discriminatory relation.

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