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(영문) 창원지방법원 밀양지원 2018.11.08 2018고단352
주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. Crimes against the victim B;

A. On July 1, 2018, around 18:05, the Defendant infringed upon the victim’s residence by entering the front of the said house through a brick stairs connected to the said house head without any special reason, under the influence of alcohol, after going through a yellow bank, after going through a yellow bank, at around 18:05.

B. The Defendant, at the same time and place, destroyed the victim’s property by throwing a stone in the vicinity of the 350,000 anti-opari in the market price owned by the victim at the same time and place.

2. Crimes against victims D;

A. On July 1, 2018, around 18:10, the Defendant infringed upon his residence by opening a gate in the gate cresh without any justifiable reason and entering the gate and entering the inside room and entering the inside room which was closed after entering the gate, under the influence of alcohol.

B. Property damage was inflicted on the victim’s property by gathering a 180,000 won or more in the market price owned by the victim at the same time, at the same place, and at the same time and place. The Defendant destroyed the victim’s property by shouldering the 180,000 won or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. B written statements;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 319(1) of the Criminal Act (a point of intrusion upon residence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment recommended according to the sentencing criteria;

(a) Class 1 crime [the scope of the recommended punishment] is the mitigated area (one to six months) (including a special mitigated person), the punishment is not imposed (including a serious effort to recover damage), or a significant damage is recovered.

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