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서울동부지방법원 2014.01.16 2013고단1641

폭력행위등처벌에관한법률위반(상습주거침입)등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is a creditor who has succeeded to monetary claims against the victim C (79 years of age) from the defendant's parents.

On November 29, 2011, at around 14:30, the Defendant: (a) placed a poster used to read “C and E Maak-gu D apartment 131 unit in Young-gu, Young-gu, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-gu, the victim’s residence; (b) brought the victim into the pain from 2002 to 1 billion won; (c) embezzled the amount of KRW 8 billion to Maak-gu, so far; and (d) lost the amount of KRW 1 billion until 200 million; and (d) placed the poster on the front door of 301, and put the victim into the front door of 301, and went into the victim’s residence against the victim’s intention, such as breaking the victim’s residence, and intrudes the victim’s residence, as shown in the attached Form of Crimes, from around April 26, 2013 to April 26, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Statement by the police about C (second time);

1. A complaint;

1. A criminal investigation report (to confirmCCTV video CDs);

1. Written confirmation of the performance by subrogation and the payment by subrogation, and copies of posters reduced or copied;

1. Photographs, Audio photograph;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of each crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned number of times;

1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 319 (1) of the Criminal Act concerning the crime;

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

3. The sentencing reasons of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is the primary offender, the victim C does not want the punishment against the defendant, and other circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc. shall be determined as per the order.

The part dismissing the public prosecution

1. Summary of the facts charged

A. The Defendant committed the crime in December 27, 201, the Suwon-do Suwon-si around December 27, 201.