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Reasons
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(영문) 의정부지방법원 2018.08.16 2018고단2229
특수주거침입등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 2229"

1. A special residence intrusion Defendant: (a) went through a string gate (118cm in total length) and went through a 3rd floor by passing through a string string gate on April 13, 2018, on the ground that the victim C (n, 52 years of age) was not contacted with the victim’s residence and was not in contact with the victim; (b) around April 13, 2018, the victim’s dwelling located in Do Government-si D, and was in contact with the victim’s dwelling.

2. The Defendant damaged special property: (a) the victim did not open the door at the time, time, and place as set forth in the above paragraph 1; (b) the victim’s door door door door was attached to the lock; and (c) the victim’s door door door was damaged so that the market aesthetic repair cost was not possible.

3. Special intimidation Defendant: (a) at the same time and place as mentioned in the foregoing paragraph 1; and (b) the victim would not open the front door immediately to remove and open the front door; (c) the Defendant saw the front door into the front door, and (d) the Defendant “in the absence of the door, the death shall be discarded.”

"The victim threatened the victim".

On April 19, 2018, the Defendant: (a) opened a shock network installed on the victim’s home toilet window by using the Dorber in order to continue to meet himself/herself; (b) opened the shock network installed on the victim’s home toilet window; (c) intruded the victim’s house through the toilet; and (d) intruded the victim’s house.

Summary of Evidence

"2018 Highest 2229"

1. Statement by the defendant in court;

1. C’s statement;

1. Seizure records;

1. On-site photographs "2018 Colonel 2298";

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to data on site photographs;

1. Relevant legal provisions of the Criminal Act as to the crime, Articles 320, 319(1) of the Criminal Act as to the selection of a punishment (a special intrusion), Articles 369(1), 366 of the Criminal Act (a) and 366 of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act (a special intimidation and choice of imprisonment) and Article 319(1) of the Criminal Act (a) of the Criminal Act as to the crime.

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