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(영문) 창원지방법원 2016.11.23 2016고단2120

특수주거침입등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On April 2, 2016, the Defendant: (a) around 01:00 on April 2, 2016, and around 01:0, the Defendant invaded on a female’s residence, going up to the second floor through stairs from the residence of the victim C (n, e.g., the age of 31) located in the window B of Changwon-si; (b) and (c) dumped on a stone located adjacent to the entrance of the second floor, thereby damaging the undeveloped windows of the market that is the victim’s ownership.

2. On April 3, 2016, the Defendant: (a) around 11:00 on April 3, 2016, 2016, citing a stone, which is a dangerous object in front of the said victim’s residence; and (b) applied the market price, which is the victim’s market located adjacent to the second floor entrance, going up to the 2nd floor through stairs, thereby cutting off the window on the 2nd floor; and (c) infringed on the method to damage the 2nd floor; and (d) cut off TV on the market price, which is the victim’s ownership, by cutting off TV on the 2nd floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 320, 319 (1), 319 (1), 369 (1), and 366 of the Criminal Act applicable to the facts constituting an offense;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] Habitual, repeated, special damage, etc. (Habitual, repeated, repeated, special damage, etc.) 1 category (Habitual, Habitual, Habitual, Special Damage, etc.) and no basic area ( August to one year) / no guidelines for sentencing are provided in the case of a crime of intrusion by residence. Therefore, when a decision on the suspension of execution is made, the minimum

[Determination of sentence] The sentencing conditions indicated in the records of the instant case, such as the following circumstances and the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full consideration.

Conditions unfavorable: Two times in favor of the fact that there has been records of the same kind of fine.