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(영문) 창원지방법원 2017.08.24 2017고단1621
주거침입등
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

1. On January 9, 2017, around 18:40, the Defendant infringed upon his/her residence: (a) the victim’s mother was in front of the house of the victim C, which was located in the Chang-si, Chang-si; (b) before that, the Defendant opened a gate where his/her parent’s mother was tightly closed, and went into the house and intrudes on the victim’s residence.

2. The Defendant, at the time and place indicated in paragraph 1, destroyed goods equivalent to KRW 2,00,000 in total of market prices, such as one fixed fin in capital owned by the victim, five glass for multi-use rooms, two living rooms, three living rooms, three glass, one head of the entrance door glass, and seven per books.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on the occurrence of damage to property;

1. Application of statutes, such as site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62(1) of the suspended execution of the Criminal Act (Article 62(1) of the Criminal Act appears to have a certain degree of influence on the crime of this case, the victim and the defendant have agreed to the extent smoothly, and the defendant would not reach re-offending while undergoing the constant medical treatment;

being taken into account, such as being in progress)

1. Article 62-2 of the Criminal Act on the observation of protection;

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