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(영문) 수원지방법원 성남지원 2017.03.15 2016고단3576
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2016, the Defendant invadedd the victim’s residence by entering the victim’s residence in front of the victim D (62 tax) who is the Defendant’s body, who is the Defendant’s body located in Seongbuk-gu, Manam-si, Sungnam-si, and vice versa.

2. Special intimidation: (a) at the last day of the Defendant’s residence, the Defendant, like the foregoing 1. paragraph (1) of this Article, citing the victim’s complaint due to the distribution of miscarriage; (b) took away the shock network installed on the window with a dangerous object (12.5 cm in length); and (c) took the victim’s attitude, i.e., death and death; and (d) took the victim’s attitude to inflict any harm on the victim’s body, by carrying a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 284 and 283(1) (the point of intimidation with dangerous things) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. The sentence shall be determined as ordered in light of the following: (a) a repeated crime is committed in the same kind of case with the same reason for sentencing under Article 62(1) of the Criminal Act, such as being tried at an appellate court at present; and (b) the defendant is receiving medical treatment in the present mental department.

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