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(영문) 춘천지방법원 2017.10.12 2017고단570
주거침입
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 8, 2017, the Defendant: (a) around 05:00, around 05:00, the victim C (30 years of age, n, n) located on the second floor of Chuncheon City B and B; (b) and (c) the victim, who did not take the part in the Defendant, laid down the gas pipeline installed on the wall in order to meet the victim who did not take the part in the Defendant, was removed from the toilet window, and went into the room, and invaded the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case;

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, sex, health, and the circumstances before and after the commission of the crime, and other conditions of the sentencing indicated in the records.

D. Unfavorable circumstances: A crime of breaking the toilet window on the ground that he does not take place any person who is the former owner, opens the toilet window, and intrudes on it is a very bad and detrimental crime that may lead to a serious crime that may lead to the stability of his residence. The circumstances favorable to the victim's punishment that he wants to be punished: A person has no previous conviction exceeding a fine; and a person who recognizes the crime.

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