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(영문) 춘천지방법원 원주지원 2018.05.09 2018고단314
주거침입
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Basic Facts] The defendant is a person who associates with the victim C (n, 32 years of age).

On March 2017, the Defendant repeated the act of threatening, such as finding the victim's residence or place of work, or verbal abuse by telephone, even though he had been hedging with the victim.

Accordingly, on December 21, 2017, the victim expressed his/her intention that he/she would not wish to face with the defendant, such as filing an application for the protection of 112 emergency to the police station in the original state around December 21, 2017, and filing an application for the protection of the victim's access to the defendant with the original state court around January 30, 2018.

[Criminal facts] On March 20, 2018, the Defendant found the victim living in the studio-type multi-family housing located in D at the original city around 07:30 on March 20, 2018, and found the victim living in the above apartment house 201

In mind, the victim's housing was infringed upon by entering the above apartment building's entrance and corridor, which was opened with a locking device released against the victim's will, after entering the future 201, and then taking the portrait and taking the entrance door several times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Although the reasons for sentencing under Article 319(1) of the Criminal Act regarding the crime at issue are favorable to the defendant, there are circumstances that are favorable to the defendant, such as that the defendant has a criminal record of the same kind, and the defendant has a criminal record of the crime at issue in light of the method and result, etc., the crime at issue is not committed, and there is no agreement between the victim and the victim, and all other circumstances such as the motive and circumstance of the crime at issue, circumstances after the crime at issue, the defendant's age, occupation, family relation, health status, etc. are taken into account.

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