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(영문) 서울북부지방법원 2016.11.10 2016고단3408

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 27, 2016, around 11:20 on June 27, 2016, the Defendant entering the house of the victim C located in Seongbuk-gu Seoul Metropolitan Government and entered the gate in an open cresh by generating the gate, and thereafter, the Defendant opened the gate by cutting off the gate shock network and putting the hand in the gate and opened the gate.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant of the damage to property added a 40,000 studio gate booms with a view to a 40,000 won of the market price owned by the victim at the above date and at the above place, and added 226,000 won in total, such as a studio room glass equivalent to the market price of 50,000 won in a small room and a 30,000 won in a market price in an inner room, a studio of a 10,000 won in a market price in an inner room, and a 226,000 won in a studio in a room.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. On-site photographs;

1. Reports on internal accidents (verification of the price of damaged goods);

1. Application of Acts and subordinate statutes concerning investigation reports (contributate);

1. Relevant Articles 319(1) and 366 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of applicable sentences under law: Imprisonment for one month to four years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Type 1 (Destruction of Property, Destruction, etc.) and the mitigated area (one month to six months of imprisonment) (special mitigation) shall not be punished; and

(b) Crimes of intrusion upon residence: Crimes of not setting the sentencing criteria; and

(c) Scope of final sentence following the handling of multiple crimes: The crime of causing property damage for which the sentencing criteria are set for at least one month of imprisonment and the crime of intrusion upon residence for which the sentencing criteria are not set;