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(영문) 대전지방법원 홍성지원 2015.09.18 2015고단511

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. Intrusion upon residence;

A. On February 23, 2015, around 17:00, the Defendant entered the victim C’s house located in Bocheon-si B, and went to the house through an open gate and the entrance, being drunk.

Accordingly, the defendant invadedd the victim's residence.

B. At around 20:00 on the same day, the Defendant entered the said family in the same manner as above and went to his home.

Accordingly, the defendant invadedd the victim's residence.

C. At around 21:00 on the same day, the Defendant entered the same place in the house of the above victim and went to his house in such a way as above.

Accordingly, the defendant invadedd the victim's residence.

At around 22:20 on the same day, the Defendant entered the front of the entrance through the door open to the house of the said victim, and tried to put the kitchen knick on the new entrance, which was placed on the new entrance, into the correct entrance, and to open the entrance.

Accordingly, the defendant invadedd the victim's residence.

2. On February 27, 2015, the Defendant: (a) 20:15 on February 27, 2015, entered the front of the entrance through an open gate; (b) was corrected to the front of the entrance door; and (c) was unable to enter the door due to the rectification of the entrance door, and (d) was laid down on the floor nine (49,000 won of the market price owned by the victim who was placed in the house.

Accordingly, the defendant invadedd the victim's residence and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the written estimate statutes;

1. Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment) concerning 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;

1. Probation and community service order Article 62-2 of the Criminal Act: Reasons for sentencing [the scope of recommending punishment] general standards for types 1 (the destruction, damage, etc. of property).