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(영문) 춘천지방법원 2019.10.17 2019고단693
주거침입
Text

A defendant shall be punished by imprisonment for six months.

except that 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 the grandchild of the victim B (n, 89 years of age).

At around 18:40 on June 28, 2019, the Defendant: (a) opened a entrance in Chuncheon City C Apartment D, which is the victim B’s residence; (b) however, the Defendant, the grandchild, before the towing, went into the house through a window on the side where the victim did not correct without the victim’s consent, and went into the house on the part of the victim, on the ground that there are many cases where the Defendant, the grandchild, had found the victim’s residence and claimed money from the victim before the towing; and (c) he did not open the door on the ground that there was a lot of

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. Reporting on the occurrence of a house, and the application of statutes governing field photographs;

1. Article 319 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act appears to be favorable to the defendant, while recognizing his criminal act.

In full view of the fact that the Defendant committed the instant crime even though he/she had a special lineal ascendant, intimidation, and the record of the instant crime, and other circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

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