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(영문) 부산지방법원 동부지원 2019.06.27 2019고단620
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

The defendant and the injured party B are employees who work together with the distribution company D in Busan Shipping Daegu Co., Ltd.

The defendant registered the defendant's entrance card in the front door of the victim for the purpose of intrusion upon the victim's residence.

On October 1, 2018, at around 19:14, the Defendant had attempted to intrude into or intrude into the residence of the victim 37 times in total, such as the entry in the attached crime list, by using the entry card possessed by the Defendant, which is a residence of the victim, in Busan Dong-gu Etel F, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 319(1) of the Criminal Act concerning the choice of punishment (the points of intrusion upon residence), Articles 322 and 319(1) of the Criminal Act, and the choice of imprisonment with prison labor;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the nature of the crime in this case is not good in light of the background, content and method of the crime, etc. of the crime in this case, continuous intrusion into the residence of the victim living together, and the commission of smelling clothes, etc., and thus, disadvantageous circumstances and the defendant are against the defendant, such as the fact that damage assessment of the victimized women is not received from the victim, and that there is no letter from the victim, etc., disadvantageous circumstances and the defendant are against the defendant, and other favorable circumstances, such as the first offender, and other circumstances that are favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment is determined as per the disposition.

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