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(영문) 제주지방법원 2020.01.22 2019고단2011

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

At Jeju, there was a security deposit to be received from the sales office of the above C building as a person residing in subparagraph d of the C building in the C building at Jeju.

At around 02:50 on August 27, 2019, the Defendant: (a) heard a lawsuit that the president of the sales office resides in F, and (b) opened a door on the entrance to receive a refund of deposit money from the said president, and intruded the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. Application of related Acts and subordinate statutes;

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act intrudes on the residence of the victim at night, which includes the following: (a) the nature of the crime was not good; (b) the damage was not recovered; (c) the defendant has a majority of previous convictions including the suspended sentence of imprisonment with prison labor; (d) the defendant acknowledges and reflects his mistake; (c) the circumstances leading up to the crime; (d) the background leading up to the crime; (e) the form of intrusion; and (e) the means and consequence of the crime; and (e) the circumstances after the