beta
(영문) 대구지방법원 서부지원 2015.10.22 2014고단1112

주거침입

Text

A defendant shall be punished by imprisonment for four months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On July 3, 2014, the Defendant was sentenced to one year of suspension of execution on April 1, 2014, due to a violation of the Punishment of Violences, etc. Act (joint residence intrusion) at the Seo-gu District Court Branch Branch Branch, and the judgment became final and conclusive on July 11, 2014.

【Criminal Facts】 On March 14, 2014, the Defendant went out of the wall left of the said victim’s house at around 18:35 on the same day. On the same day, the Defendant went out of the wall outside of the said victim’s house.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Each police statement of C or D;

1. Previouss before and after judgments: Application of criminal records, reply reports, and court rulings (referring to the departments of Daegu District Court 2013 High Court 2013 High Court 1230, High Court 2014 High Court 383 (Merger));

1. Article 319 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (The degree of criminal conduct is relatively minor, and the case of violation of the Punishment of Violences, etc. Act, which is judged in the concurrent relationship between this case and the latter part of Article 37 of the Criminal Act, shall be taken into account in equity, etc. with the case where the judgment was concurrently sentenced);