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(영문) 수원지방법원 2018.01.25 2017고단4660
주거침입등
Text

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

Reasons

Punishment of the crime

The defendant, who was married with the victim C, was divorced on May 2016.

On May 30, 2017, the Defendant: (a) 21:50 on May 30, 2017, when the Defendant 101-dong 101 and 902 of E Apartment apartment house, the victim’s house located in the wife population D, and the Defendant she saw the victim’s son F’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, and her son’s son’s son’s son’s son’s son’s son, and damaged the victim’s son’s son’s son’s son’s son’s son’

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Report on each investigation ( telephone investigation and hearing of witness's statements);

1. A report on internal investigation:

1. 112 Reporting case handling table;

1. Application of statutes on field photographs;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of recommendation [the scope of recommendation] according to the sentencing guidelines for the crime of damaging property in the holding [the scope of recommendation] general criteria for the crime of destroying property [the scope of punishment] / [1-6 months] the area of mitigation [the person who is specially mitigated] [the person who is not subject to punishment] : the scope of comparison of the sentence with the recommended sentence: one to six months; there is a residential intrusion crime in the holding that the sentencing guidelines has not been set; since the above crime of damaging property for which the sentencing guidelines have been set is established and the above crime of damaging property and the former part of Article 37 of the Criminal Act are concurrent crimes under the former part of Article 37 of the Criminal Act, only the lower limit of the above sentencing range (1 month) shall be applied. 2. On January 20, 2017, the defendant who is disadvantageous to the defendant who was sentenced to the above decision of sentencing was sentenced to a suspended sentence of imprisonment with prison labor for the same kind of crime (the crime of destroying property, intrusion upon residence) against the same victim.

In addition, the suspension period is also the period of suspension.

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