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(영문) 대구지방법원 김천지원 2017.10.31 2016고단1749

특수주거침입

Text

A defendant shall be punished by imprisonment for four 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

Around 14:50 on September 24, 2016, the Defendant: (a) took a dangerous object (76cm in length) from the back of the body of the victim C (the 55-year-old), a resident living in the vicinity of Pyeongtaek, as his hand, to find out the door door at the victim’s house located in Kimcheon-si D, and “open the door”; and (b) mispercing the victim into the door, the Defendant did not open the door, and thus, the Defendant was able to sleep the victim with his hand, who was in the front door room of the entrance, thereby pushinging the victim into the door, and making it difficult to sleep the door by leaving the door.

These dogs have been flicked.

As soon as possible, it shall be laid out.

Where and where they are hidden, whether or not.

"At the time of entry into a kitchen, a kitchen, or a small room."

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

1. Articles 320 and 319 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act was that the Defendant infringed upon the residence of a neighbor who is a neighbor.

In May 2016, the Defendant was subject to criminal punishment for a special intimidation against neighbors.

However, the defendant reflects the crime of this case.

The defendant has no history of criminal punishment exceeding a fine.

The defendant is currently under medical treatment with a mental illness.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.