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(영문) 부산지방법원 2020.02.05 2019고단5331

주거침입등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seizure Mags (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 10:50 on October 26, 2019, the Defendant: (a) was in front of the victim C(64 years of age) located in Busan Jingu, Busan; (b) was coming from dust due to construction works in the previous victim’s residence; and (c) went into the victim following the victim; (d) went into the victim’s residence; and (e) went into the victim; (e) was sprinking the victim’s breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the 30cc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense (the point of intrusion upon residence and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for the reason of sentencing is also bad in that the Defendant, who is provoking to the victim, exercised a sudden violence, and committed a crime by intrusion upon the residence.

It cannot be deemed that the degree of injury of the victim is less severe, and the defendant has not made any effort to reach an agreement.

Even if considering that the defendant is the first offender, it is necessary to punish the defendant's act.

In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.