beta
(영문) 의정부지방법원 2018.08.16 2018고단2055

특수주거침입등

Text

A defendant shall be punished by imprisonment for one year.

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 forced to sell apartment houses by way of forced auction from the former office against civil action.

Accordingly, the Defendant has prepared one hand, which is a dangerous object, (35 cm in total length, 13.5 cm in width, 13.5 cm in Dogs, No. 1).

1. On April 1, 2018, at around 16:15, the Defendant infringed upon the victim’s residence by pushing the gate, which was corrected by the string of the string and the string of the string of the 16:15, and the 2:53 years old, with the intention of threatening the victim and the string of the 3:5 years old.

2. The Defendant, in the event of the date and time set forth in paragraph 1, and before the above house, thrown away the Defendant’s Bags from the Defendant’s death.

The term "intimidating the victim's body", etc., intimidation the victim as if he would inflict any harm on the victim's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site dispatch reports;

1. On-site photographs and string photographs;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of the seized evidence;

1. Relevant legal provisions of the Criminal Act and Articles 320, 319 (1) of the Criminal Act concerning the crime, the choice of punishment, and Articles 284 and 283 (1) of the Criminal Act (the threat of carrying dangerous articles and the choice of imprisonment);

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. From one month to ten years and six months of imprisonment with prison labor within the applicable sentencing range by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 4 (Determination of the sphere of recommendation), the basic area [Determination of the sphere of recommendation] of the special crime of intimidation [Determination of the types] (Habitual, Cumulative, Cumulative Crime, Special Intimidation] (Determination of the sphere of recommendation] - Six months to one year and six months;

(b) Special crime of intrusion upon residence: No application of the sentencing criteria;

3. The punishment of the instant crime is heavy in light of the method and form of the instant crime, the risk of the relevant crime, etc.

However, the defendant is replaced by himself.