(영문) 서울서부지방법원 2018.05.16 2017고단3031

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.05.16 2017고단3031

주거침입

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, under the influence of alcohol, opened an unlocked gate in front of the residence of the victim D located in Yongsan-gu Seoul Metropolitan Government on October 7, 2017, and arbitrarily entered and intruded on the residence of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Non-prosecution decision;

1. Application of Acts and subordinate statutes to Defendant’s photograph (Evidence No. 17 pages)

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of punishment.

1. Fully considering the circumstances such as Articles 10(2) and 55(1)3 and 65(1)6 of the Criminal Act for the mitigation of mental and physical weakness (i.e., the Defendant, under the influence of alcohol from the investigative agency to the court, stated that he/she cannot memory the fact that he/she entered the victim’s residence; (ii) the Defendant was under the influence of alcohol from a bank below the victim’s residence; and (iii) the Defendant was under the influence of alcohol from a bank below the victim’s residence for 2 years; (iv) the Defendant leased one bank below the victim’s residence before 5 years, and went out 3 years before residing; and (v) the Defendant had invaded several times in the victim’s residence before the instant case, and was found under the influence of alcohol, the Defendant was in a state that he/she had the ability to discern things

[Judgment]

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended execution of sentence is that the defendant is repeating the crime while under the influence of alcohol, the injured couple is 80 years old, and the defendant has been punished several times before the crime of larceny in this case, and the defendant has a record of being punished several times before the crime of larceny in this case, so that the defendant's intrusion on the defendant's residence may lead to another crime of larceny, which is disadvantageous circumstances, such as that the defendant also collected the abolition of the person under the age of 70 and lives with the government subsidies, and there is no record of being punished in excess of the fine since 1987.

참조조문

유사 판례

-수원지방법원 안양지원 2018.04.26 2017고단1735

-청주지방법원 영동지원 2017.08.31 2017고단56

-수원지방법원 평택지원 2016.10.05 2016고합32

-의정부지방법원 2018.06.15 2018고단1181

-서울서부지방법원 2017.12.13 2017고단2725