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(영문) 서울동부지방법원 2020.10.15 2020고단1344
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. At around 2015, the Defendant: (a) considered that he suffered an unjust loss from the sale of his house owned by the Defendant to the victim B (n, 61 years of age); (b) on November 9, 2019, around 16:00, the victim’s house located in Gangdong-gu Seoul Metropolitan Government Gangdong-gu, was placed in the house of the victim; and (c) on November 9, 2019, the victim, who was aware that his house was located in the house, went into the house of the victim without permission of the heater, went into the house of the victim without permission.

2. The Defendant assaulted the victim by entering the victim’s front door at the time, place, as described in paragraph 1 as above, stating that “the victim shall die in this year,” and that “the victim’s head head shall be kneeped,” “shicking down in stairs,” and that “the victim’s head shall be broken down in stairs,” and that the victim shall be knicked and drawn up in the front gate in which the victim suffered.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act and subordinate statutes to the witness B’s legal statement [the contents of the statement are consistent and consistent]

1. Relevant Article 319(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of punishment against the crime, the choice of imprisonment, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant may have a number of records of punishment for committing violence or intrusion upon residence; circumstances favorable to the defendant's repeated committing a crime against the same victim: Determination of the defendant's age, character and conduct, motive, means and consequence of the crime; and consideration of the sentencing conditions specified in pleadings, such as the defendant's age, character and conduct, motive, means and consequence of the crime;

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