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(영문) 수원지방법원 2017.01.12 2016고단6974

주거침입등

Text

A defendant shall be punished by imprisonment for six 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

On September 16, 2016, at around 00:30 on September 16, 2016, the Defendant got in the residence of the victim C, who was under the influence of alcohol, caused disturbance by opening the entrance door and taking a bath to the living room by using the entrance door password known to the general public. On the ground that the victim D’s strong land in his/her place is obstructed, the Defendant got out of the body of his/her mouth by walking at several times, and laid down the return of his/her strong land into the floor.

Accordingly, the defendant invadedd the victim C's residence and damaged the victim D's river site so that the medical expenses amounting to three million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of C and E;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, 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 (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the defendant invadeds on the victim's residence and walked with his/her mouth.

In addition, the responsibility is significant in that it repeatedly commits violence.

On the other hand, the fact of crime is recognized and wrong.

It is also recognized that there has been an agreement to pay KRW 3 million for the treatment of the dental child.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant pleadings, a suspended sentence of imprisonment shall be imposed on the Defendant, but community service shall be added.