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(영문) 제주지방법원 2020.06.19 2020고단1203
주거침입
Text

A defendant shall be punished by imprisonment with prison labor 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

1. Around 03:00 on February 2, 2020, the Defendant came to the house of the victim C(34 years of age) located in Jeju-si B, and entered the house through the open gate up to the door door, and invaded upon the victim’s residence from around 03:0 to 06:37 on the same day.

2. Around 00:00 on May 19, 2020, the Defendant went to the house of the Victim C (the age of 34) and went to the house through the open gate, and went to the house, and intrudes into the victim’s residence, such as putting the face into the inner window, which was opened after the opening, and putting the victim’s spouse’s name into the house.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Statement made by the police officer C on the statement; and

1. A written statement prepared in C;

1. Each investigation report (including accompanying documents) by police officer on each investigation report (the taking of photographs of the scene of the incident at residence / the confirmation of the details of 112 reports on the suspect and victim);

1. To make a report on investigation into police preparation (to have telephone conversations for witnessesD);

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Application of each of the related visual Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and each point of judgment on the choice of punishment for the crime: Article 319 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment specified for the crime of Article 1 which is heavier than the criminal administration);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act / 【Scope of the applicable sentences under the law】 One month to four years (or four years and six months (in the case of concurrent crimes), / 4 months of imprisonment with prison labor: the defendant, in addition to each of the crimes in this case, has a criminal record of intrusion upon the victim’s residence on March 1, 2020; Jeju District Court 2020 high-level and 1720.

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