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(영문) 춘천지방법원 강릉지원 2019.07.26 2019고단624
주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On May 3, 2019, the Defendant: (a) 00:00 on May 3, 2019, opened a gate without the consent of the victim C while under the influence of alcohol in front of the house of the victim C; and (b) invaded upon the victim’s residence.

2. The Defendant damaged the property damage by making the victim feel an aesthetic glass on the ground that the victim does not open the door, even though the victim was sent to open the door at the time, place, and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on investigation (Attachment of a field photograph);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 319 (1) of the Criminal Act (the occupation of residence) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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;

1. Probation under Article 62-2 of the Criminal Act;

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