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(영문) 서울북부지방법원 2017.01.25 2016고단5054

주거침입등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 got to and from the victim B (n, 69 years of age) and went to and from a close place with the victim B, provided that he can drink while drinking alcohol, and called out, but was forced to contact the victim with him.

1. On July 22, 2016, around 02:30 on July 22, 2016, the Defendant violated his/her residence by entering the victim’s residence with his/her gate gate, which was corrected by breaking out the phone without telephone.

2. At the time and place mentioned in paragraph 1, the Defendant damaged a special property: (a) left the victim’s entrance door by hand, but the door harded; (b) 12 cm with a stone with a stone with a stone of 12 cm and bricks, which is a dangerous object inside the main gate by not opening the door; and (c) broken the victim’s house door glass (40 x 60) with a stone of 10,000 won in the market price owned by the Defendant.

The defendant, carrying dangerous objects, thereby damaging property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 319 (1), 369, and 366 of the Criminal Act concerning the selection of a sentence, and imprisonment, respectively;

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. Persons who are subject to special sentencing guidelines from April to August 1 to June 2, such as special damage, etc. that is the basis of the aggravated reduction of the types of reasons for sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for four months: A sentence of imprisonment for a period of four months: A sentence of imprisonment for a period of two months: A person who has been sentenced to general sentencing in the mitigated area (from April to October): A person who has been sentenced to general sentencing for 4 months: A sentence of four months: A sentence of imprisonment for four months: A person who has been sentenced to cumulative reduction, etc. of punishment for a victim; a person who has been subject to cumulative reduction of 40 hours: A confession; a person who has been punished for a victim; a person who has been exempted from punishment for a case of a victim; a person who has been subject to separate proceedings of a party member (such as assault 2548, etc.)