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(영문) 제주지방법원 2017.08.17 2017고단1102

주거침입등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On March 13, 2017, at around 04:00, the Defendant violated the residence of the victim D(WC) and the victim E(74 tax) in Jeju Island No. 201, the Defendant: (a) placed labels in the said residence in order to raise an objection due to parking problems under the influence of alcohol; (b) opened the cresh of the entrance in order to confirm who is the victim; (c) opened the entrance door into the entrance of the above residence; (d) prevented the front of the Defendant’s person; and (e) went to the dwelling of the victims, even if the victim requested the removal.

2. The Defendant, at the time, and at the place specified in paragraph 1, assaulted the victim by blocking the front of the victim, and requesting the withdrawal from the victim, putting the body of the victim down by his chest and arms several times, and pushing the victim inside the ward.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. 112 A list of reported cases;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 319 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense (a point of assault) of the said Act;

1. Selection of each imprisonment with prison labor (the fact that intrusion upon a house on a new wall and assault to commit a crime is not good, and that a person repeats again even if he/she had a record of punishment several times due to a violent crime);

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 suspension of execution (the fact that it is against the other party, the fact that it is caused by parking problems between neighbors, and the fact that there is no criminal history that exceeds the fine);

1. Article 62-2 of the Criminal Act on the observation of protection;