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(영문) 제주지방법원 2013.05.16 2013고단316

주거침입등

Text

A defendant shall be punished by imprisonment for six 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 December 21, 2012, the Defendant, who entered a residence, was in mind with the victim’s mind at his/her own meeting on account of infertility with his/her family members, such as the victim B, etc., and was found in the victim’s residence located in Jeju-si C Apartment 102 and 206 on December 21, 2012, but the entrance door opened the corridor side window at his/her own seat, and intrudes on the victim’s residence through the window.

2. The Defendant damaged property at the above time and at the above place, in intrusion upon the victim’s residence, the hallway glass window was removed by hand and broken down on the floor, the air conditioning room in the living room was laid down by hand, the air boom was laid down on the floor, the slid door and the new strings were laid down, the slid door and the new strings were laid down, the TV and the computer was laid on the floor, the object in custody was laid down in the room, the TV and the computer was laid down on the floor, the lid lid was removed by hand, the lid lid lid was removed from the floor, the computer and the house lid in the living room was laid on the floor, the bundle door glass was broken, the laundr was shed with the labr, the labr was shed with the labr, the boilerr’s property was destroyed by the victim’s photograph, and the victim’s photograph was removed by the victim’s photograph.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of related Acts and subordinate statutes;

1. Relevant 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), and choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., the confession of the defendant and reflects his depth);

1. Probation and community service order under Article 62-2 of the Criminal Act;