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집행유예
(영문) 울산지방법원 2020.4.21.선고 2019고단4933 판결

주거침입,재물손괴,모욕

Cases

2019 Highest 4933 Residential Intrusion, Property Damage, Defamation

Defendant

Damage (name), 47, 80,000,000

Residential Ulsan

Reference domicile

Prosecutor

KimMa-ro (prosecution), Shin Ho-ho (Trial)

Defense Counsel

Attorney Yoon Don (Korean)

Imposition of Judgment

April 21, 2020

Text

Defendant B shall be sentenced to six months of imprisonment: Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive. It shall be ordered that Defendant be put on probation for one year.

Reasons

Facts of crime

The defendant is a person living in Ulsan (Omission) 11-1, and the victim's house ○○ was a person living in Ulsan (Omission) 11-2, and the defendant and the victim had a conflict over two years before and after the adjoining land.

1. On July 12, 2019, around July 12, 2019, the Defendant, at around July 12, 2019, placed a hand, salted on the Defendant’s residential rooftop, in the inside of the gate of the victim’s residence, into the inside of the gate of the victim’s residence, intrudes on the victim’s residence, and dumped salted on the top of the victim’s house.

2. On July 16, 2019, around July 16, 2019, Defendant 1 damaged the victim’s house intrusion and property damage to cover approximately KRW 50,000 of the cost of repair by spreading a red frame from the victim’s house roof to the front door of the victim’s residence by inserting the frame to the front door of the victim’s residence, or into the victim’s house wall, and indicating that he/she is his/her own land.

3. On July 18, 2019, around 10:00 on July 18, 2019, Defendant 1 damaged the victim’s house gate to cover KRW 50,000 for repair cost by spreading a red frame from the victim’s house roof to the front door of the victim’s residence by inserting the frame from the front door of the victim’s residence to the front door of the victim’s residence, or by impairing the victim’s residence, and indicating that he/she is his/her own land.

4. Defluence on July 31, 2019;

On July 15, 2019, Defendant 1 prepared a letter to the effect that the victim’s removal of the gate pole is required and that the notice of a fine punished for insult should not be sent to her prior to the crime of insult was sent to her. Defendant 1 posted it as a poster on the front wall inside the wall of the victim’s residence on July 31, 2019. The summary of evidence reveals that around July 19:00, Defendant 2: (a) discovered the victim who opened the poster set up on the wall before the Defendant’s residence; (b) 4 persons, such as Western ○, which is a neighbor of the victim; and (c) it is viewed that the victim is able to keep the same sound; and (d) “the victim is raising to be identical with that of the victim’s illness”; and (d) “the inside the wall changed to be known to her,” and “the summary of evidence” publicly insulting the victim.

1. The legal statement of the defendant

1. Statement of statement of the police over ○○○;

1. Complaints filed, supplementary statements made in the limit of 00 square meters;

1. Application of Acts and subordinate statutes governing estimates for repair;

1. Relevant legal provisions and selection of punishment on the facts of crime;

Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act (the point of destruction and damage of property), Article 311 of the Criminal Act (the point of insult), the choice of imprisonment for life

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Observation on protection;

The reason for sentencing of Article 62-2 of the Criminal Act: The crime of this case was committed without being aware of, and the victim wanted to be punished for severe punishment against the defendant even though a series of crimes due to a dispute over the boundary of the main gate wall and fenced with the victim was punished several times.

○ A favorable circumstances: The fact that the defendant's mistake is recognized, there is no previous conviction exceeding a fine, and the fact that there was no past record of 70 square meters criminal punishment prior to a series of crimes due to a dispute with the victim, and that there was an old age.

Judges

Judges Kim Jong-hwan