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(영문) 춘천지방법원 2017.01.10 2016고합49

주거침입등

Text

A defendant shall be punished by imprisonment for six 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 23, 2016, the Defendant infringed upon a house owned by the victim D, which was located in Gyeonggi Pyeong-gun C around 16:35 on April 23, 2016, and the Defendant found inflammable inflammable substances and went into the residence of the victim through the window of the living room to find out that the Defendant did not receive the payment from the damaged party even after the construction of the road package on the access road to the said house

2. The Defendant, in preparation for fire prevention of the present residential building, demanded the victim D to pay the price for the road package work on the access road to the house at the time and place indicated in paragraph 1, at the time and place, but refused, left the above house with one studio on the television line at the location of the dwelling space at the above house, and left the said string part of the said strings in front of the above housing boiler room, and string off the part of the strings in front of the said boiler room, and string off the strings into the boiler room, and string them into the boiler room, and string the fire for the building used by the victim as the dwelling of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against D;

1. Investigation reports (Attachment of tape-records, and photographs of the damaged scene);

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 175, 164(1) (a) of the Criminal Act that prescribes the choice of punishment (a preliminary point of the present main building) and Article 319(1) (a) of the Criminal Act (a point of intrusion upon residence and a choice of imprisonment with prison labor);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes with the punishment prescribed for preliminary crimes against a string building, the heavier punishment)

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. Determination on the assertion by the Defendant and the defense counsel under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders

1. Summary of the assertion

A. The Defendant did not enter the victim’s house against the victim’s will, thus, the Defendant was the victim.