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(영문) 인천지방법원 2017.07.21 2017고단3641
특수주거침입등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 18, 2017, the Defendant: (a) infringed upon the victim C’s residence in Jung-gu Incheon Metropolitan City by carrying a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. C’s statement;

1. Photographss and field photographs of damaged articles;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, and Articles 320 and 319 (1) of the Criminal Act concerning the choice of punishment (the point of destroying property and the choice of imprisonment);

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 Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

A. Since the sentencing criteria are not set for special crimes of intrusion upon residence, considering the lower limit of the recommended punishment set in the crime of destroying property whose sentencing criteria are set.

(b) One kind of basic area (such as damage to property, etc.) of the recommendation range for the crime of damaging property; and

(c) Standards for handling multiple offenses: At least four months (a crime for which no sentencing criteria are set and concurrent crimes);

2. Circumstances that are disadvantageous to the decision of sentence [the fact that property damage caused by the instant crime is not significant, the damage is not recovered, the damage is not invaded by the victim's residence by carrying dangerous things, and the nature of the crime is not good. (The defendant was in the state of drinking at the time of the commission of the crime and there was a possibility that the victim or his/her family might have a significant damage if he/she was in his/her house]] and favorable circumstances [the fact that the defendant was in the state of drinking, the fact that he/she seems to have a contingent crime in the state of drinking, the fact that

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