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(영문) 부산지방법원 서부지원 2019.10.31 2019고단1940

주거침입

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who resides in the head of Busan Btel C, and the victim D is a person who resides in the same officetel E.

On August 19, 2019, the Defendant exceeded all clothes in the above residential area C around 23:20, and intruded into the Ebeas, which is the victim’s residential area, by influence, and opened a toilet ventilation door and intruded into the toilet.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to the F;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to each investigation report (for a field situation, drawing of residential areas, and attaching site photographs);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not likely to be committed by impairing the residence of the victim by the defendant in his/her physical condition and impairing the peace of the residence of the victim.

The defendant recognizes his own crime.

The victim under an agreement with the victim does not want the punishment of the defendant.

Defendant is an initial offender who has no criminal record.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.