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(영문) 의정부지방법원 2018.05.03 2017고단3917

주거침입등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 28, 2017, the Defendant infringed upon the victim’s residence by using a cresh in which the residents in a fire are opening and entering a joint entrance in order to put the crepit in the victim’s place of residence in a way that the victim B (the 23 years of age) who was hedgingd with him/her in an apartment building located in Namyang-si, Namyang-si, where he/she was able to do so and that the victim B (the 23 years of age) did not talk with him/her, and in a way that he/she spreads the crepit in front of the present entrance of the victim’s place of residence.

2. The Defendant continued to intimidation: (a) attached the cremation site to the body of the victim in front of the entrance of the victim’s place of residence; and (b) laid the cremation site in front of the entrance, and then laid down the cremation site in front of the entrance in front of the entrance, thereby threatening the victim as if the Defendant was in the vicinity of the victim, thereby impairing the victim’s life or body.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of the photographic Acts and subordinate statutes to damaged photographs and to the suspect's name of crime;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which shall apply to concurrent crimes (aggravating concurrent crimes with the punishment heavier than that of intimidation);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under the Act: Imprisonment with prison labor for a period from one month to June 2 of April; and

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

Unfavorable circumstances: The circumstances in which the victim appears to have been shocked due to the instant crime: the instant crime is committed.