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(영문) 서울남부지방법원 2019.08.20 2019고단3104
주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On June 15, 2019, around 06:40 on June 15, 2019, the Defendant was living in front of the building located in Guro-gu Seoul Metropolitan Government, and the Defendant d (the age of 57) who was living in the above building C was fluent to the fact that the Defendant did not drinking the Defendant, and the Defendant d (the age of 57) was fluenced, and the Defendant d (the age of 57) was flucing off the outer wall of the above building and broken the victim’s windows

In this respect, the defendant damaged the windows that are not of the market value of the victim and infringed on the residence of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to report on site photographs and investigation results;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment) (Destruction of Property) and Damage [No. 1] and Damage of Property, etc. (Special Punishment) and Damage of Property: Reduction of Punishment (Special Punishment) and Non-Mitigation of Punishment (Recommendation and Recommendation) and Imprisonment with labor for one month or six months;

(b) Class 2 (Intrusion upon Residence) - An offense for which the sentencing guidelines are not set;

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than one month (a concurrent crime with an offense for which no sentencing guidelines are set);

(d) Scope of the recommended sentences that are modified according to the sentencing guidelines: One to four months of imprisonment (in cases where the upper limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory applicable sentencing guidelines, it shall be in accordance with the statutory applicable sentencing standards);

3. The circumstances under the decision of sentence, the background leading to the defendant to commit the crime, the degree and result of damage, the circumstances before and after the crime, and other age, character, conduct and environment of the defendant.

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