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(영문) 대구지방법원영덕지원 2020.10.21 2020고단159
주거침입등
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

The defendant is a person living beside the victim B (n, 77 years of age)'s residence. Since April 2018, the defendant was staying home from around April 2018, while the victim was living together with the defendant's family, without any special reason, left the victim's residence and was living together with him/her without any special reason, such as leaving a wide range of the access road used by the victim in consultation with the defendant's family and suspending the construction.

On June 28, 2020, at around 18:58, the Defendant: (a) took part of approximately 1.2L, such as the oil tank, in the Defendant’s residence located in the boiler-gun, Chungcheongnam-do; (b) took part of 1.8L, 1.8L, 2L, and 640mlpedle disease; (c) took possession of the same with a disposable-style dog; (d) took part in the victim’s residence in the instant gate, and intrudes the victim into the said gate by using a bridge in the gate gate gate gate gate gate gate gate; and (e) took part in the said gate gate gate and gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate, and took part in the Defendant’s action, as the Defendant took part in the Defendant’s residence.

Accordingly, the defendant prepared fire prevention for the purpose of setting fire to a structure used as a residence by the victim, and invaded upon the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Each internal investigation report, each investigation report, appraisal request, inquiry, and appraisal report, respectively, and the application of Acts and subordinate statutes to each of the police records;

1. Relevant Article 175 of the Criminal Act, the main sentence of Article 175 of the Criminal Act, Article 164 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act (the occupation of intrusion and the choice of imprisonment with prison labor);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment heavier than that set forth in the crime of preparation for fire-prevention of current structures);

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