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(영문) 서울중앙지방법원 2019.10.11 2019고정1516
건조물침입등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

While the defendant was able to see the clothes operated by the victim in the state of alcohol on the ground that the victim she sleeped with the victim B, the defendant sleeped with the victim B with his/her clothes.

1. On April 5, 2019, at around 23:30 on April 5, 2019, the Defendant affected the building, at the “D” clothes store for the victim’s operation in Dongjak-gu Seoul Metropolitan Government, the Defendant putting the fire in front of the road and broken the front glass, putting the said glass door up, and putting the said glass door up through the shouldered glass window.

Accordingly, the defendant invadeds on the building managed by the victim.

2. The Defendant damaged the said glass window in a total of KRW 500,000,00,000 of the repairing cost, by breaking the front glass door, which is the victim’s possession, by throwing fired parts, such as the date, time, place, and place described in paragraph (1).

The Defendant continuously damaged the repair cost that is difficult to identify the market price by cutting off a scam in his clothes and cutting off the table and scam.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol protocol law to B

1. Article 319 (1) of the Criminal Act (the point of entering a building) and Article 366 of the Criminal Act concerning facts constituting an offense;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the defendant's wrongness and behavior, environment, health conditions of the defendant, circumstances leading to the crime, means and result, etc., and the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as ordered by considering the defendant's age, character, conduct, environment, health conditions, circumstances after the crime.

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