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(영문) 대전지방법원 서산지원 2018.08.09 2018고단458

특수주거침입등

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) was aware of the fact that G, his spouse, was her spouse’s H ( South and 41 years old) and the outward; (b) was found at the victim’s house located in Jin-si, Jin-si, 102 Dong 1402, Jin-si, Seoul, on April 21, 2018; (c) but the victim did not open the entrance, and (d) was prepared and kept in advance, and then, the Defendant damaged the victim’s property by means of a verification screen screen room, which is a dangerous object, so that the victim’s knobs and locking devices are cut down twice.

2. From April 23, 2018, around 17:40 on April 23, 2018, the Defendant, who intruded with a special residence, citing a luminous view, which is an object dangerous to the victim’s house, the place of the said paragraph (1), was waiting to open the door, waiting for the victim’s wife to open the door door, and went into the victim’s house room and the door door through the door door, and intrudes on the victim’s residence.

3. A special assault Defendant entered the victim’s house at the time, at the place, as above, paragraph 2, and entered the victim’s house. The victim’s bucks knee kneel and knee knee knebbbbs. The victim’s left hand part of the victim’s knee knekel kne and knebs kneed one time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by H and J;

1. A report on the occurrence of a loss;

1. A protocol of seizure and a list of seizure;

1. A criminal investigation report (Attachment, etc. of photographs of damage);

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

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1) and 366 of the Criminal Act regarding the choice of punishment (a point of destroying special property, choice of imprisonment with prison labor), Articles 320 and 319(1) of the Criminal Act (a point of intrusion upon special residence), Articles 261 and 260(1) of the Criminal Act (a) (a point of special assault and choice of imprisonment with prison labor);

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 suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Special assault (Scope of recommended punishment) type 6 (Habitual, repeated, and special assault).