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(영문) 서울서부지방법원 2017.01.18 2016고단3662
주거침입
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant was demanded to hedge from the victimized party on the grounds of the victim C (V, 40 years of age) and from August 2016, 2016, and the difference in the nature of the horse around October 2016.

Accordingly, the Defendant, at around 05:10 on November 17, 2016, entered the present door password, which was known to the previous in Yongsan-gu Seoul, at around 05:10 on November 17, 2016, when he had to look back the victim's mind, but the victim changed the password and intrudes on the victim's residence by putting the shock network installed on the 6th apartment rooftop, which was small in front of the foreline of the victim's house, which was small in front of the foreline of the victim's house.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The method of intrusion, such as breaking the gas pipeline of apartment buildings and outer walls for the sentencing of Article 62-2 of the Criminal Act, was inadequate, and thereby, the peace of the victim's privacy was seriously harmed. The sentence of imprisonment was made because it was impossible to obtain a letter from the injured party. However, it is necessary to closely reflect the crime as it is detained for a certain period and not have access to the victim, and it is necessary to postpone the execution of the sentence and undergo protection and observation to prevent recidivism in consideration of the circumstances such as the early crime.

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