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(영문) 전주지방법원 2014.05.22 2014고단201

주거침입

Text

A defendant shall be punished by imprisonment 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 around 00:40 on December 6, 2013, the Defendant opened a heated gate and intruded into the residence of the victims in front of the multi-households where the victims D, E, and F resided in the former non-resident C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

1. Relevant Article 319 of the Criminal Act and Article 319 of the Criminal Act;

1. Abnormal concurrence (related to each offence of intrusion upon residence) Articles 40 and 50 of the Criminal Act (limited to the punishment determined for the crime of intrusion upon residence in the judgment of the F with the highest criminal conduct);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (hereinafter referred to as "the reason for sentencing") is that the defendant committed the instant crime even though he had the same criminal records, and committed the instant crime in the house where a female living in the middle of the night without any special understanding, and forced her to take part in the house where the female living in the middle of the trial, and forced her to take part, and did not agree with the victims. However, even though the defendant did not agree with the victims, the degree of damage is relatively minor because the defendant only entered the house of multi-household living in which the victims reside, and the victim does not actually live in the room where the victims actually reside. The defendant committed the instant crime under the influence of alcohol; the defendant committed the instant crime; the defendant committed the instant crime by force; the latter and later his mistake are divided, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, and family relationship,