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(영문) 수원지방법원 2015.04.16 2014고단7117

주거침입

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who was in a de facto marital relationship with the victim C from around 1999 to October 2009.

1. When the victim became aware of another male's distress, the Defendant entered the victim's house by entering the entrance and exit number of the entrance known to the Defendant, from November 18, 2014 to the victim's house located in the Suwon-gu D apartment 203 Dong-dong, Suwon-si, Suwon-si, Suwon-si, Suwon-si on November 14, 2014.

2. The Defendant, upon intrusion upon the victim’s residence, was removed from the victim’s house by the police officer called out by the victim’s house. At around 17:00 on the same day, the Defendant was prevented from the police officer called out by opening the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door up to 18:40 on the same day.

3. The Defendant, as stated in paragraph (2), invaded upon the victim’s residence and was set out by the police officer, but was set out by the victim’s house, but around 20:00 on the same day, went into the victim’s house and invaded upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to C;

1. On-site photographs;

1. Application of Acts and subordinate statutes notifying the 112 Reporting Department of the case;

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

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act is in a relatively long-term de facto marital relationship with the defendant and the victim, the defendant was freely free from the victim's house or was fit for a certain period prior to the instant case.

Even at the time of the instant crime, the Defendant’s house against the victim’s will.