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(영문) 춘천지방법원 영월지원 2016.11.22 2016고단308

주거침입등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 11, 2016, the Defendant intrusiond the victim’s residence through a gate, which was not corrected for the reason that it came before the house of the victim D(60 years of age) located in Thai City around 20:20 on June 11, 2016, and invaded the victim’s residence.

2. On June 11, 2016, the Defendant damaged the victim F (nive, 59 years of age) in Thai City E (nive, a 59 years of age) by walking a chemical equivalent to 30,000 won at the market price owned by the victim at home, without any reason, under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or D;

1. Statement of the police statement concerning F;

1. On-site and photographs of damaged articles;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. As to the suspended sentence under Article 62(1) of the Criminal Act, there are several criminal records related to the reasoning of sentencing, the victim F does not have any criminal records exceeding a fine since 1997, such as the fact that the victim F wishes to be punished for the defendant, and there is no criminal records beyond a fine since 1997, and the disease is likely to affect the crime of this case, and the defendant is under hospital treatment, and the victim D does not want to be punished for the defendant, the victim D does not want to be punished for the crime of this case, and other favorable conditions such as the defendant's age, character and behavior, environment, motive, means, method, and consequence of the crime of this case, and all other conditions of sentencing as indicated in the records and arguments, including the circumstances before and after the crime