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(영문) 부산지방법원 동부지원 2021.03.17 2020고단2425
주거침입
Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 15, 2020, around 02:35, the Defendant opened a 1st floor door, which was not corrected in the Busan Shipping Daegu B house, and entered the stairs to the second floor front of the entrance of the victim C, and intruded on the residence of the victim.

Summary of Evidence

1. Application of the Defendant’s legal statement C to investigation reports (netly 1) by statutes;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the Defendant committed the instant crime during the suspension period of the execution of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, it appears that the Defendant did not have the same power, and the Defendant committed the instant crime on the face of early illness rather than for a special purpose. In particular, the Defendant did not engage in any other harm, and the injured party by the initial agreement so that he wanted to take care of the Defendant’s wife, it is also necessary to provide medical treatment for Cho Jae-in, and all other circumstances revealed in the process of the instant records and arguments, the sentence as ordered shall be determined by comprehensively taking into account the following factors.

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