beta
(영문) 인천지방법원 2017.11.30 2017고단6016

주거침입등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant was in the third degree of intellectual disability, which lacks the ability to discern things or make decisions.

1. On July 5, 2017, around 12:45, the Defendant attempted to intrude upon a victim’s residence by entering the victim’s house D or 1st floor of Bupyeong-gu Incheon, Incheon, a residence of the victim C, 2 and 3 times. However, the Defendant attempted to intrude upon the victim’s residence by entering the victim’s house. However, the Defendant did not have the intent on the wind, which was locked by the door.

2. Around 14:00 on July 5, 2017, the Defendant infringed upon the victim’s residence by pushing kne and knee with his body and knee with his windows, in a state of excluding the kne, from Incheon F, a residence of the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of statutes, such as site photographs;

1. Relevant legal provisions concerning the crime, Articles 322, 319 (1) (the attempted charge of intrusion upon residence) of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act are deemed to affect the crime. However, considering the fact that the defendant's family, as well as the same and similar criminal records, has limitations on the protection of the defendant, it is difficult to place the defendant on the grounds of the defendant's mental and physical weakness.

The punishment shall be determined as ordered in consideration of the circumstances above, the age, conduct of sex, family relationship, property status, etc. of the defendant, and the protection, observation and order to attend lectures shall be also imposed for the prevention of recidivism and the improvement of character and conduct.