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(영문) 인천지방법원 2017.09.07 2017고단5441

주거침입

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 3, 2017, the Defendant committed the crime on June 3, 2017: (a) around 23:05 on June 3, 2017; (b) around the house of the victim D, which was located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, 216 Dong 1805, and: (c) E, a criminal defendant’s friendly type of fraud, defrauded about KRW 6 billion; and (d) E escaped from the house of the victim;

In order to resist the defendant, the victim was able to walk through a door, and the victim was unable to open the door of the door so that he can resist the defendant. The victim who obstructed the defendant was pushed the victim's living room and intruded on the victim's residence.

2. On July 9, 2017, the Defendant found at the same place as the above 1. Paragraph 1. at the same time on July 9, 2017, the Defendant opened a shock network where the Defendant was able to walk the door to open, walked with the door door, knife the door door, knife the disturbance, and knife the victim D, the victim D, the F’s low residence, and the victim D, the F’s seat on the corridor, and the F’s residence, and did not correct it by putting the hand in the open window, putting the knicked door into the open window, sealed the knifed door, sealed the knife, sealed the knife, knife the door, scing the knife the door, and invaded the victims’ residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. Each investigation report, application of each photographic statute;

1. Article 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (the punishment shall be determined in consideration of the motive and background of the crime, a misunderstanding perception of self-help, repeated intrusion, victims' suffering and apprehensions that it is difficult to block re-offending due to the punishment of a fine);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the need for treatment within society in light of the remaining character and conduct and relatively good criminal records);