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(영문) 부산지방법원 2018.07.12 2018고정726
주거침입등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 25, 2017, around 14:00, the Defendant infringed upon the residence of the victim C (hereinafter referred to as the “victim C”) located in Busan East-gu, Busan-do, and entered the identification number of the head of the room, which was known to him/her, prior to his/her honor of theft, and known to him/her, with the victim, before the towing, and opened the door and infringed upon the victim’s residence.

2. The Defendant: (a) intruded the said victim’s house at the time and place indicated in the above paragraph 1. At the same time and place; (b) cut off the upper part of the house scam scam scams, and then cut off the cash amounting to KRW 647,00,000, which was the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to on-site reports on results of field identification and investigation reports (in relation to attachment of results of genetic appraisal);

1. Article 319(1) of the Criminal Act applicable to the crime (the point of intrusion upon residence, the choice of fines) and Article 329 of the Criminal Act (the point of Section 1 and the selection of fines);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Since the application of the sentencing criteria is selected, the sentencing criteria are not applicable. 2. The sentencing criteria are not applied in light of the following: (a) the confession of all the Defendant’s criminal acts and the mistake is divided; (b) the primary offender who has no criminal history; (c) the restoration of damage is not achieved; and (d) the Defendant’s age, academic background, etc.

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