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(영문) 대구지방법원 2019.07.16 2019고단687
특수주거침입등
Text

A defendant shall be punished by imprisonment for six 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

On October 2018, the Defendant came to know that wife B and the husband D of the victim C were in an internal relationship with the wife D, but he was promised not to cross the above B and D around October 2018. However, on December 2, 2018, the Defendant came to know of the fact that the above B and D were to cross-consect, which was called to D several times to resist it, but when D was not in contact with the Defendant, the Defendant did not look at the victim’s house together with the above B.

On December 23, 2018, at around 09:00 on December 23, 2018, the Defendant, along with B, moved into a common apartment house by using the gap generated by the apartment residents in the common sense, where the said apartment G and H common apartment house was opened, and the apartment house was opened.

Then, the defendant divided the first race before the victim's house in the above apartment I, but opened the door, which is a dangerous object not to open the door, has opened the door and put the door door into the door door, and the victim intending to avoid such disturbance entered the door door of the victim's house.

Accordingly, the defendant carried dangerous objects, and thereby damaged the victim's house 450,000 won of repair cost, and carried dangerous objects into the victim's house.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints, written statements by the police against C;

1. Written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (in cases where a suspect enters the residence of a victim, such as attaching a closure photograph;

1. Relevant provisions of the Criminal Act and Articles 369 (1), 366, 320, and 319 (1) of the Criminal Act (the point of special intrusion on residence) of the choice of criminal facts;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Crimes.

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