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(영문) 광주지방법원 2020.10.30 2020고단4108

주거침입

Text

A defendant shall be punished by imprisonment for four 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

On August 13, 2020, at around 21:32, the Defendant entered the victim C's house in Gwangju Northern-gu, and opened the second floor with the stairs first before the victim's house in Gwangju Northern-gu, and infringed upon the victim's residence by opening the entrance door several times in front of the victim's residence and taking a bath to the victim's family members.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site situations, etc. at the same time);

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The defendant committed the crime of this case against the same victim even though he/she was punished by a fine because of his/her previous assault, intrusion upon residence, etc.; further, the defendant committed the crime of this case against the same victim; and all kinds of sentencing factors revealed in the trial process of this case, including the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., shall be determined as ordered by the order.