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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
1. The Defendant who intrudes upon a residence is a space between the victim C (V, 64 years old) and the 11 year ago, in which he had been living in a tobacco relationship.
On June 7, 2016, the Defendant: (a) around 22:55 of the same day, at around 22:55, opened a correction device of the said “E” without the victim’s permission; (b) opened the victim’s residence by drinking only in the “E” operated by the victim who was registered for the homeless by the victim on behalf of the homeless; and (c) the victim was not in a junior school; and (d) the victim was registered for the said victim for the Defendant; and (d) at around 22:55 of the same day, the victim was able to look at the victim’s house.
2. In the date, time, and place described in the foregoing paragraph 1, the Defendant has entered the Defendant “whether or not the victim has entered the Defendant”;
내가 다시 경찰에 신고를 하면 법적인 문제까지 가니까 그냥 스스로 조용히 나가라” 고 말하자 “ 뻑하면 신고한다.
“A mobile phone charging device under his/her table was extracted from a mobile phone under his/her table, and used a mobile phone charging device, which is a dangerous object, to use a mobile phone charging device for the victim to reduce the victim’s timber.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes on seizure records;
1. Article 319(1) of the Criminal Act applicable to the crime (the point of intrusion upon residence), Articles 261 and 260(1) of the Criminal Act (the point of special assault) and the selection of imprisonment for the crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Criteria for sentencing [Scope of the recommended punishment] Types 6 (Habitual, Cumulative Offense, Special Assaults) and the basic area (6 months to 10 months) (special sentencing factors) - In the case of intrusion upon residence, only the lowest limit of the recommended punishment is not yet set in the standard for sentencing, and thus only reference is required for the crime of intrusion upon residence;
2. Although it is recognized that the defendant who was sentenced to the sentence of this case led to the confession of the crime of this case and submitted a number of rebuttals, the nature of the crime is very high in light of the contents and methods of the crime of this case.