beta
집행유예
(영문) 울산지방법원 2020.4.23.선고 2019고단4179 판결

건조물침입

Cases

2019 Highest 4179 Intrusion upon a structure

Defendant

Songdo-do, 71, South and North Korea, and the Board of Company

Residential Ulsan

Reference domicile

Prosecutor

Kim Jong-hee (prosecution) and Park Jin-Jin (Public trial)

Imposition of Judgment

April 23, 2020

Text

Defendant B shall be sentenced to six months of imprisonment: Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive; order Defendant 80 hours of social service.

Reasons

Facts of crime

On April 23, 2019, at around 02:10, the Defendant: (a) reported that the main owner of the ○○○○○ Schan River located in the building’s ○○○○○○○○ (n, ○○○) entered the inner toilet inside the outside entrance of the building, on the side of the road outside the building; and (b) intruded into the building under the management of another person by entering the front of the toilet through the outside entrance of the building. The summary of evidence (e.g., omission)

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

Article 319(1) of the Criminal Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

In full view of the following factors: (a) the reason for sentencing of Article 62-2 of the Criminal Act; (b) the background leading up to the instant crime; (c) the Defendant’s age, environment; (d) family relationship; and (e) the circumstances after the commission of the crime, etc., the sentence against the Defendant shall be determined as ordered.

Judges

Judges electrical interest