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(영문) 서울북부지방법원 2016.07.07 2015고정1658
주거침입등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. In around 02:00 on June 15, 2015, the Defendant damaged the property in an amount of KRW 180,000,00 by walking the digital locking device of the entrance door on the ground that the victim-friendly job offers D are residing in Dongdaemun-gu Seoul Metropolitan Government, due to the collision between the victim and the victim, and the victim did not open the door.

2. Intrusion upon residence and damage to property;

A. On June 28, 2015, at around 13:00 on June 28, 2015, the Defendant: (a) transferred the password of the digital locking device of the victim’s house to the victim D, and then, (b) transferred it to the victim D and D; and (c) opened a door by entering the password into the digital locking device before the victim’s house as stated in paragraph (1), and intrudes the victim’s residence; (d) went out of the entrance, and (e) intrudes the victim’s house again into the victim’s house on June 28, 2015.

B. At around 14:00 on June 28, 2015, the Defendant: (a) laid the victim at the victim D’s house; (b) destroyed the 150,000 won book and the leg; (c) destroyed the cosmetics equivalent to KRW 500,00,00,000; (d) destroyed the cremation and the telegraph of the amount of KRW 200,000; and (e) damaged the property equivalent to KRW 9,50,000,000,000,000, in total, due to the damage of the straw and the dried dys.

Summary of Evidence

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

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as collection, photograph, etc. of the damaged body;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act (the point of damage to property), and selection of fines, respectively;

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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