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(영문) 서울중앙지방법원 2018.07.24 2018고단3346
건조물침입등
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

Around April 26, 2018, when the Defendant lacks the ability to discern things or make decisions due to the Cho Jae-gu, the Defendant entered the 1st floor of the D church located in Jongno-gu Seoul Metropolitan Government, in which around April 26, 2018, kept a unconstitutional bag equivalent to KRW 100,000, which is the market price of the victim D church owned by the above D church, and laid down two gates, which are dangerous things that go away from the above D church security guards and go away from the above D church or have been located in the D church, and broken down two gate glasss equivalent to the total market price of KRW 600,000, which is the market price of the above D church owned by the victim.

Accordingly, the defendant invadedd on a structure managed by the victim, and damaged the property owned by the victim by carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs on the occurrence site;

1. Written estimate;

1. Application of Acts and subordinate statutes on CCTV screen;

1. Article 319 (1) of the Criminal Act (the point of intrusion on a structure), Articles 369 and 366 of the Criminal Act (the point of destruction of special property) and selection of fines as to the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is committed in a state which has weak mental and physical disorder due to early illness. The defendant does not have much weighted damage caused by the crime of this case, the defendant voluntarily endeavored not to cause damage caused by one's own illness, such as hospital treatment, etc., the defendant has no record of punishment other than a fine imposed on one occasion, the defendant seems to have economic difficulty, and the sentencing conditions under Article 51 of the Criminal Act are comprehensively considered.

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