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(영문) 대전지방법원 홍성지원 2013.11.20 2013고단858

주거침입

Text

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

1. On September 30, 2012, around September 30, 2012, the Defendant: (a) entered a gate, which was not corrected at the victim D’s residence located in Chungcheongnam-gun Hong-gun; (b) opened a string door, which was corrected by using the salted soften; and (c) entered the middle door and the room, and intrudes on the victim’s residence.

2. On June 21, 2013, around 00:05 on June 21, 2013, the Defendant intruded into a gate that was not corrected at the same place as the indicated in paragraph (1), and the victim opened a window in the inside and outside of the mouth, and intruded the victim’s residence by gathering the face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Matters concerning transfer and acquisition of duties;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Relevant Article 319 (1) of the Criminal Act concerning facts constituting an offense and Article 319 (1) of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (a heavier penalty than punishment is concurrent crimes with punishment prescribed for the crime of intrusion upon residence on June 21, 2013);

1. Article 62 (1) of the Criminal Act (Consideration of the following grounds for sentencing, etc.);

1. Considering the motive for the crime of sentencing under Article 62-2 of the Probation Criminal Act, the degree of injury, etc., the defendant should be punished strictly. Meanwhile, considering the fact that the defendant deposited a certain amount to recover damage, the defendant has no same criminal record, etc., as an element of sentencing favorable to the defendant, the defendant shall be considered as an element of sentencing in favor of the defendant. In addition, comprehensively taking into account the defendant’s age, character and conduct, environment, circumstances after the crime, etc., and all of the conditions of sentencing as shown in