beta
(영문) 대전지방법원 서산지원 2015.07.23 2015고단419

주거침입

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Intrusion upon a victim C by residence;

A. At around 10:00 on March 4, 2015, the Defendant removed the victim’s house toilet window, and entered the said house and intruded on the female’s residence.

B. At around 10:00 on March 19, 2015, the Defendant: (a) committed self-defense at the place indicated in the foregoing paragraph (a); (b) entered the said house as described in the foregoing paragraph and intruded on the said female’s residence.

C. At around 12:00 on April 3, 2015, the Defendant came to commit self-defense at the place indicated in the foregoing paragraph (a), and entered the same house as described in the foregoing paragraph, and invaded upon the residence of the female.

2. Around April 21, 2015, the Defendant violated the victim E’s residence by entering the said house via an open entrance, in mind, to conduct self-defense at the victim E’s house located in Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes, such as field photographs, suspect photographs, and barmatic photographs;

1. Relevant Article 319 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant, for the purpose of meeting the sexual desire, input of chips into the residence of the victim E and the defendant residing in the same building, and the nature of the crime is not good. The fact that the defendant has been punished twice for the same kind of crime is unfavorable to the defendant, and that the defendant has agreed with the victim E, deposited one million won for the victim C, received mental diagnosis and treatment, and made efforts to change his tendency favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be taken into consideration and the sentence as ordered.