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(영문) 수원지방법원 2021.03.18 2020고단8166
주거침입
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 25 years old) are not known to each other.

On May 13, 2020, around 21:30 on 21:30, the Defendant came into the residence of the victim of the apartment C apartment and the victim of D, and opened a password with the victim’s fingerprints reported in the front door of the above residence, and infringed upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on site photographs of the police statement protocol against B;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than three years;

2. Whether the sentencing criteria are applied: No sentencing criteria shall be set.

3. Determination of sentence: Imprisonment with prison labor for six months, and two years under a suspended execution, the defendant intrudes at night on the residence of a female living together with the victim, thereby impairing the peace of the victim's privacy and creating extreme fear and apprehensions to the victim, and committing such crime is light;

subsection (b) of this section.

The Defendant was unable to take sufficient measures to recover damage, and was not yet suspected of committing the instant crime against the victimized person.

However, in light of the fact that the defendant has led to the confession of all crimes immediately after the crime of this case, the defendant did not commit any serious violation of the victim's life, body, and property, and that there was no record that the defendant has been punished for the same kind of crime or has not been sentenced to criminal punishment exceeding the fine, the defendant's age, sex, environment, family relationship, motive, means, and consequence of the crime of this case, and considering all the sentencing conditions revealed in the trial process of this case, such as the defendant's age, sex, environment, family relationship, motive, means, and consequence, the defendant's punishment is more than the sentence of the defendant.

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