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(영문) 대전지방법원 2018.01.24 2017고단4430

주거침입

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant is in the position of the defendant, and the victim gives physical treatment to the victim, and this is two times.

On October 5, 2017, at around 06:0, the Defendant opened a space between the victim and the victim C (5:00) in the residence of Daejeon Dong-gu B and the victim C (5:00), and removed the correction device, and intruded into the housing against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Suspension of Execution Act: Determination of the sentence to the effect that a confession and reflect is made on the facts that have been taken into account at night as a matter of opening and intrusioning the victim’s residence: The number of conditions for sentencing as shown in the pleadings of this case, such as the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be taken into account;