beta
(영문) 서울북부지방법원 2017.03.30 2017고단143

주거침입등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B(n, 46 years of age) are now in a way that they are hedging.

At around 02:30 on January 1, 2017, the Defendant: (a) opened a password, which the victim was able to know in advance, on the ground that the victim was not able to have a telephone without having a telephone; (b) opened a 1st floor door door door of the 501st floor door of the 501st floor door of the 501st floor of the 30th floor above the 501st floor of the 501st where the victim was living; (c) intrudes upon the dwelling by facing the disturbance; and (d) continued not to open the door, the Defendant destroyed the victim’s property by breaking the upper part of the 501st floor door door and the 70,000 won of the repair cost by opening the door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. On-site photographs (14-17 pages of investigation records);

1. Application of the statutes governing estimates for repair;

1. Articles 319 (1) and 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the circumstances, such as the following: (a) intrusion upon a residence with dangerous objects during the sentencing period of Article 62-2 of the Criminal Act for the observation of protection and observation; (b) serious degree of harming the stability of the residence by putting a level for a considerable period of time; (c) the victim’s report did not enter the room where the victim resides; (d) there was no enemy who was sentenced to imprisonment or heavier punishment after the adult age; and (e) reflects the fact that the victim is serving against the law.