beta
(영문) 전주지방법원 남원지원 2020.01.14 2019고단223

건조물침입

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant was married on May 7, 2016 with the victim B with visual disability-1, but on May 29, 2017, the agreement was married on May 29, 2017. On May 9, 2019, the Defendant was determined to take ad hoc measures to order the prohibition of access within 100 meters from the “D church” in Seoul, where the said victim resides, from the Southern District Court Branch of the Jeonju District Court on May 9, 2019 to July 8, 2019.

Nevertheless, at around 19:00 on June 15, 2019, the Defendant entered the first floor of the above church managed by the victim B and the victim E, who is the above church member E, and heard the horses that he would go to the victim B, and "I am going to know why she would go to her," and 10 minutes of the disturbance on June 20, 2019, and 2) entered the first floor of the above church, "I am to boom. I am to do so. I am to do so. I am to do so. I am to do so to the police. I am to do so. I am to do so. I am to do so. I am to am to the victim, and am to the above church on June 26, 2019, and "I am to am to am out of 10 minutes" and "I am to enter the above church over 30 minutes of the church that was managed by the victim."

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (victim B’s statement) and investigation report (E’s confirmation of the statement);

1. Table of 112 reported case handling; and

1. A copy of a notice of ad hoc measures for domestic violence;

1. Application of a copy of a decision to extend ad hoc measures or statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than four years and not more than six months;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.