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(영문) 제주지방법원 2019.10.18 2019고정428
건조물침입
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

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

Reasons

Punishment of the crime

[criminal record] On April 24, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Specialized Credit Financial Business Act at the Jeju District Court, and the judgment became final and conclusive on September 27, 2019.

[Criminal Facts] The Defendant intruded into the “D” office of the victim C (V, the age of 52) management between September 20, 2018 and September 27, 2018 during the Jeju-si period from September 20 to September 27, 2018 through the entrance.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer C on the statement; and

1. A written statement prepared in C;

1. Statement of report (the result of the request for electronic analysis) on internal investigation prepared by the police;

1. Entry of a statement of genetic assessment of the preparation of the FG of the Legal and Biochemical E of the National Research and Investigative Institute;

1. Each image of each related photograph;

1. Previous records: Entry of inquiry report about police preparation, application of Acts and subordinate statutes to a statement (including attached documents) of investigation report (report, such as data, etc. during the duration of an appeal trial) prepared by the prosecution;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 【The grounds for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Provisional Payment Order 【The scope of applicable sentences 50,000 won to 50,000 won or 5 million won 【The Decision of Sentence 700,000 won 】 As such, there are many criminal offenses committed against the Defendant. However, on April 24, 2019, the first head of the judgment of the Defendant rendered a two-year sentence of imprisonment for larceny of violating the Specialized Credit Financial Business Act at the Jeju District Court on September 27, 2019, which became final and conclusive on September 27, 2019. Since the instant crime was committed before the judgment became final and conclusive, in consideration of equity in the case where the judgment was rendered at the same time, the fine of one million won, which was initially notified by the original summary order, is somewhat excessive

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