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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. Around 01:40 on January 1, 2013, the Defendant entering a residence intrusion: (a) came to the house of the victim C, located in the Yannam-gun, Chungcheongnam-do; (b) opened an open door while under the influence of alcohol to the victim, who is one of the adjoining neighbors, and intrudes upon the victim’s residence.
2. Around 01:40 on January 1, 2013, the Defendant: (a) went to a ward under the influence of alcohol as prescribed in paragraph (1) at the house of the victim C (the age of 54) located in the south-Naman-gun (around 01:40 on January 1, 2013); (b) the victim C, who was in a small room, was bread from a diving to a ward, was a brue to a ward; and (c) the victim, who was under the influence of alcohol, brudddd with a dangerous object in the room (a.e., 24 cm, 20 cm) while taking the victim’s bath.
Summary of Evidence
1. Defendant's legal statement;
1. Part of statement D in the second police interrogation protocol against the accused;
1. Each police statement of C or D;
1. The application of Acts and subordinate statutes to investigation reports (related to attachment of virtual photographs), investigation reports (victim C and hearing statements made by Victim D);
1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a punishment (the points of intrusion upon residence, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the points of intimidation to carry a deadly weapon);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that a person commits a crime and reflects the fact that he/she has no record of criminal punishment, the fact that he/she agreed with the victims, the fact that he/she supports the mother of a
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. The dismissal of prosecution under Article 62-2 of the Criminal Act
1. Each of the facts charged
A. On January 1, 2013, the Defendant is a victim C (54 years of age) who is located in B in Yong-Gun, Chungcheongnam-do, Seoul, around 00.