beta
(영문) 전주지방법원 2014.07.24 2014고합91

주거침입등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On January 9, 2014, the Defendant discovered that the main gate was open and opened as a warehouse while under the influence of alcohol around January 9, 2014, when he was in front of the victim D's building located in Yeongdeungpo-gu Seoul Metropolitan Government.

The Defendant, who committed suicide, was in his possession after having committed suicide, was under the influence of alcohol after putting a fire to the boxes located therein. As above, the Defendant, who was not in his own illness, was spreaded to the inside of the above 103 square meters of the size, which is approximately 20 square meters of the size fixed to the boom, water pipe, ceiling, etc. attached to the boom.

Accordingly, the defendant infringed upon the residence of the victim D, his family members, and the victim E, etc., and destroyed part of the building owned by the victim D which he used as a residence (No. 103) by burning about KRW 10 million to repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on the results of field identification;

1. 119 ambulances;

1. Application of Acts and subordinate statutes on report of internal investigation (the counter-investigation of suspected victims);

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 164 (1) of the Criminal Act (the point of protecting the present main building and fire and the choice of limited imprisonment);

1. Of concurrent crimes, the aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long term of the above two crimes] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Grounds for sentencing under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to six years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: the current building and fire prevention crime (determination of type), the general criteria, and the first type (Setting fire, such as the present building, etc.) (special sponsor).