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(영문) 창원지방법원진주지원 2020.08.25 2020고단784
주거침입등
Text

A defendant shall be punished by imprisonment for four 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

The Defendant committed the following crimes under the status that B, etc. lacks the ability to discern things or make decisions:

1. On August 23, 2019, the Defendant committed the crime of intrusion upon residence and the damage of property around August 23, 2019: (a) the victim D’s house located in South Sea-gun C from around 09:00 to around 09:00 of the same month; (b) the said house came into the house of the victim D; (c) the Defendant thought the said house to be the house of E, a high school dong, a knife, with the Defendant, and opened the knife, and intrudes upon the victim’s house; and (d) the knife lid of the knife located at the place, was collected in the front door glass ( approximately 100cm x 130cm mnife x x 130cm m) and damaged the glass door of which the market price is at least 50,000,00 won.

2. Around March 10, 2020, the Defendant committed the crime of intrusion upon residence and the damage to property at around 20:10 on March 10, 202, the Defendant opened a gate for the same reason as Paragraph (1) and invaded upon the victim’s residence by entering the house for the same reason as Paragraph (1) and then damaged the lid of the navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigation

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Reports on internal investigation and investigation reports (number 4, 10, 11, and 12 of the evidence list), on-site inspection reports;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

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 with prison labor for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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, subparagraph 1 of Article 2-3 and Article 44-2 of the Medical Treatment and Custody Act, etc. shall be the method and form of the crime of this case, the degree of damage, and the defendant's mental illness due to B, etc.;

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