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(영문) 수원지방법원 2015.05.21 2015고단1240

주거침입등

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 7, 2015, at around 06:05, the Defendant entering a residence was at the house of the victim D in Suwon-si, Suwon-si C and 101 Dong 301, and the victim D, which led to the noise between ordinary noise, and the victim’s door opened the door and intruded the victim’s house into the house.

2. The Defendant destroyed property damage by making the victim’s D-owned market price in excess of the new strings where the victim’s market price cannot be known at the above date, time and place, and thereby damaging KRW 68,500 for repair costs, such as destroying Nowon-gu, the victim’s possession on a book, and destroying the case.

3. Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) (collective, deadly weapons, etc.) cited a brush map (12 cm in total length, 6.5 cm in total length) which is a dangerous object that the Defendant was in the ordinary line at the above time and at the above place, and used it to the victim D (22 years of age). The victim used it as a brue of the defendant who took the above brue map, and assaulted the victim's chest and face when the victim took part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. On-site photographs, such as damaged parts, etc.;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant legal provisions concerning criminal facts, Article 319 (1) of the Criminal Act that prescribes the punishment (the point of intrusion upon residence, the choice of imprisonment), Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of carrying a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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 (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc. - Crimes of intrusion upon residence, damage to property, etc.: