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(영문) 수원지방법원 안산지원 2015.06.16 2014고단3072

주거침입등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. On August 24, 2014, around 04:35, the Defendant was at the Victim C’s house located in Ansan-si B 203, Ansan-si, Ansan-si, 2014, and the victim was living together with the Defendant, and even though the Defendant was unable to enter the entrance of the entrance, the Defendant entered the said house through the toilet window located in order to interview the victim and invaded the victim’s residence.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) and the Defendant threatened the victim by taking in the same time and place as indicated in the above paragraph (1) that the victim had another male at the same time and place. However, the Defendant took in excess (24 cm in total length, 13 cm in length on the day, and 13 cm in length) that is dangerous articles that were at the home of the victim, and by stating that “the victim may not die.” As such, the Defendant was in violation of the above section, and threatened the victim by taking the victim’s hand and bruing the suspect’s ship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on damaged parts and on-site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a sentence (the point of intrusion upon residence, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Basic Crimes: Class 4 (Habitual Offense, Cumulative Offense, Special Intimidation) basic area (6-1-6 months): Many crimes processing standards: The minimum sentencing criteria are concurrent crimes between crimes for which no sentencing guidelines have been set. Thus, the lower limit is based on the lower limit of the crime for which the sentencing guidelines have been set [decision of sentence] The case of the instant crime is not easy, but the Defendant erred.