beta
(영문) 서울서부지방법원 2018.05.15 2018고단1037

주거침입등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

On March 1, 2018, around 06:50, the Defendant discovered the Victim E (W), who was staying alone before Yongsan-gu Seoul Metropolitan Government “D” and was living in the front of the victim’s house located in Yongsan-gu Seoul Yongsan-gu Seoul, around 06:56 on the same day after the date, the Defendant saw the victim into the front of the victim’s house located in Yongsan-gu Seoul, and 06:56 on the same day after the date 06:56, and went into the front by taking the front of the victim’s body with the front body of the victim’s own arms, and intruded the victim by pushing the victim’s head on the back floor by turning the victim’s body head on the back of the victim’s seat and head on drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate of an injury, report on internal investigation (to hear statements of damage and photograph photographs with intent to inflict bodily injury);

1. Investigation reports (the results of appraisal of masts and exercise pictures) and the application of Acts and subordinate statutes attached thereto;

1. Relevant legal provisions and the choice of punishment concerning the facts constituting an offense: Article 319 (1) of the Criminal Act (the intrusion upon residence, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. Aggravation of concurrent crimes: In light of the criminal defendant's act before and after committing the crime, which can be discovered by evidence duly adopted and investigated by the court, the determination of the purport of mental and physical weakness (to the extent that the punishment is aggravated by concurrent crimes with the punishment heavier than that prescribed by the heavier injury, and the total sum of the long-term punishment of two crimes) under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, it cannot be deemed that the defendant had reached a state where he/she had the ability to discern things or make decisions due to weak intent at the time of committing the crime

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The application of the sentencing criteria (the offense of intrusion upon residence in the holding that the sentencing criteria have not been set, but the sentencing criteria shall be deemed to be an offense accompanied by the offense of injury in the holding that the sentencing criteria have been set.