beta
(영문) 청주지방법원 2019.05.23 2018고단1946

방실침입등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2018, the Defendant, while under the influence of the victim C’s operation D in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, opened a visit to the above Moel E-ho, without the victim’s permission, and infringed upon the victim’s possession.

2. The Defendant was requested from the victim C (the age of 82) at the time and place specified in Paragraph 1, but was carried out into the Fhode room in B and adjacent to the above Ehode room, and it was difficult for the victim to have divers, and the victim again demanded that she go to the next Defendant. The Defendant she dives back the fraudulent material, which is a dangerous object in the above bed against the victim, and was in his/her hands out to the victim.

As a result, the margin of this is facing the floor, and the spons have been sponsed on the right side of the victim by protruding.

Accordingly, the defendant used dangerous objects to put the victim on the right side of the treatment days to the right side.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the spot and standing photographs;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime (the point of special injury);

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The fact that the nature of the crime is not good in light of the circumstances, methods, etc. of the crime, and favorable circumstances that are not agreed with the victim: the defendant is divided into and reflected in all the crimes, the fact that the defendant seems to have committed contingent acts by drinking, the fact that there is no record of punishment exceeding the fine.