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(영문) 창원지방법원 진주지원 2020.01.22 2019고단965
주거침입
Text

A defendant shall be punished by imprisonment for six months.

However, 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 committed the following crimes under the state that the Defendant had no ability to discern things or make decisions due to the dependence on alcohol, etc.

At around 18:50 on June 16, 2019, the Defendant: (a) opened an open entrance to show that the victim was in custody of his basic living benefits in the victim C’s residence located in Jinju-si B; and (b) invaded upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs and investigative reports (Attachment to 112 Reporting List);

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and medical treatment order: Article 62-2 of the Criminal Act, subparagraph 1 of Article 2-3 of the Medical Treatment and Custody, etc. Act, and Articles 44-2;

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