beta
(영문) 대전지방법원 공주지원 2019.07.26 2019고단195

주거침입등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 2018, the Defendant, who was dead from the victim B (n, 26 years of age), was living together in the victim’s residence located in the building C from November 2, 2018, and completed his/her living together with the victim on June 2, 2019.

On June 2, 2019, at around 19:20 on June 2, 2019, the Defendant: (a) found in the building C, opened the rooftop of the building; (b) opened the air-conditioning room installed on the outer wall of the building; and (c) opened the studio window of the victim on the fourth floor; and (d) opened the studio and went into the studio, thereby infringing on the victim’s residence.

2. 상해 피고인은 제1항 기재 일시경 피해자 B의 주소지에서 피해자에게 다시 만나자고 하였으나 거절당하였다는 이유로 격분하여, 피해자에게 욕설을 하며 피해자의 뺨을 손으로 3~4회 때리고 머리채를 잡아 벽에 4회 찧고 침대 위에 쓰러진 피해자의 얼굴을 발로 3~4회 밟고 피해자가 일어나 도망가려고 하자 피해자의 어깨를 손으로 잡아 침대에 눕힌 후 양손으로 목을 조르고 피해자가 무릎을 꿇고 ‘살려 달라, 잘못했다’고 하였음에도 계속하여 ‘바람 피니까 좋냐’라는 등의 욕설을 하면서 피해자의 머리와 뺨을 손으로 3~4회 때렸다.

As a result, the Defendant inflicted bodily injury on the victim, i.e., bodily injury on the victim, i.e., bodily injury on the victim for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Report on the occurrence of the case;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant Article 319(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the probation and community service order.