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(영문) 춘천지방법원 원주지원 2017.08.30 2017고단595

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 16, 2017, the Defendant who intrudes upon his residence was in front of the 204 unit B apartment house in the Hanju-si around 00:36 on April 16, 2017, and was in front of the 204 unit. The Defendant was in front of the victims of the name in arrears

The purpose of public performance, such as self-defense, was to enter the entrance of the above apartment, and intrude into the elevator of the above apartment through the corridor for the purpose of committing obscene crimes.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant, at the time, at the place, and at the time, at the name-free female recorded in the above paragraph 1 above, held that two women in the name-free female were subdivided into the above elevator, and that the above women were unable to shut down the elevator door in front of the above elevator, and the Defendant was reported by the above women, left the bar to the bucks and cut off the buck.

The act of self-defense has been done in a state of being kept by hand in front and rear.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on internal investigation:

1. Application of each statute on photographs;

1. Relevant Article 319 of the Criminal Act, Articles 319 (1) and 245 of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment with prison labor for the crime;

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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing conditions indicated in the following circumstances and records, such as the defendant's age, sex, environment, motive for and circumstances after the crime, etc., of Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, shall be determined as ordered by taking into account the following circumstances:

D. Unfavorable circumstances: The defendant's act of committing the crime can seriously undermine the peace in daily life in light of the place, time, method, and circumstances of the crime and give victims serious sexual humiliation and fear.

The favorable circumstances: