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(영문) 서울중앙지방법원 2020.05.14 2019고단4264

주거침입등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2019 Highest 4264] The defendant is a person who resides in B publicly notified source C in Seoul Special Metropolitan City, and the victim D(39 years of age) is a person who resides in the same publicly notified source E.

1. On June 2, 2019, the Defendant: (a) at around 23:51 on June 2, 2019, on the ground that noise has occurred in the room near the victim’s residence in the B Public Notice House E; (b) opened the victim’s visit to gather the body and the gate of the body and the bridge without the victim’s consent; (c) continuously intruded the victim on one occasion from the corridor during the victim’s movement with the victim.

Accordingly, the defendant invadedd the victim's residence, and assaulted the victim.

2. On June 3, 2019, the Defendant: (a) around 05:0 on June 3, 2019, around 05:0 on June 3, 2019, the Defendant: (b) obstructed the victim’s residence, such as the left hand in front of the victim’s residence in B public notice House E; (c) opened a door with a hand-to-face, and walking the door door, she attempted to intrude on the victim’s residence; (d) but (e) did not make the victim open the visit, and (e) did not commit an attempted act.

Accordingly, the defendant tried to intrude the victim's residence, but did not bring about such intention, but did not commit an attempted crime.

[2019 Highest 6036]

3. Around August 20, 2019, around 18:20 on August 20, 2019, the Defendant assaulted the back of the victim I (year 11) who used to be located in the G Bank H branch in Gwanak-gu, Seoul Special Metropolitan City, at the entrance of the G Bank H branch in Seoul Special Metropolitan City, on two occasions without any reason.

Summary of Evidence

[2019 Highest 4264]

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Major screen screen for the suspension of publicly announced CCTV (2019Nodan6036);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the I Statement;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a sentence (the point of intrusion upon residence, the choice of imprisonment), Articles 322 and 319 (1) of the Criminal Act (the point of attempted intrusion upon residence, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.