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(영문) 수원지방법원 2014.09.24 2014고단3356
주거침입등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On May 15, 2014, around 02:00, the Defendant entering the victim D’s house located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, attempted to enter the victim’s house, but the victim was not informed of the password of the locking device, but did not know of the password of the locking device, and went into the victim’s house and intrudes on the victim’s house.

2. The Defendant was at one time at the time at the victim’s home, and the part of the victim’s head was at the victim’s head with a brupt of plastic materials that were removed as above (a 30cc price, 130cm price, 130cm price, and 5cm price in thickness) within the victim’s house.

In this way, the defendant carried dangerous objects and carried them for about two weeks to give medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused (including statement statement of D);

1. Each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 319 (1) (Selection of Imprisonment) of the Criminal Act concerning the facts constituting an offense and the occupation of an infringement upon a residence: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the maximum term of imprisonment with labor as provided for in each crime on the market);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Taking into account all the circumstances, including the fact that the defendant, the reason for sentencing under Article 62(1) of the Criminal Act, the fact that the defendant has no record of criminal punishment in Korea, the fact that the defendant made efforts to prevent the expansion of damage by accompanying the hospital after the crime in this case, and the sentencing guidelines for violent crimes

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