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(영문) 대전지방법원 천안지원 2015.10.01 2015고단1422
주거침입등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 12:55 on August 12, 2015, the Defendant invadedd the victim’s residence by opening an entrance at the victim D(the age of 47) located in Dong-gu, Dong-gu and 101, Nam-gu, Dong-gu, Dong-gu, Dong-gu, and 101 without any justifiable reason.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) cited a shoulderer's disease, which is a dangerous object prepared in advance, as a hand, at the time and place specified in paragraph (1). The victim avoided the victim from trying to cover the face of the victim, and led the victim to his/her own hands to the right hand hand over the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the victim in D;

1. The image of the site photograph of the case, and of the photograph taken on the damaged part of the victim, respectively;

1. Application of the existing Acts and subordinate statutes to one of the broken-in soldiers (No. 1) seized;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, Article 319 (1) of the Criminal Act that selects a punishment (the points of intrusion upon residence, the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the points of injury by carrying a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes above two crimes] among concurrent crimes and concurrent crimes resulting from a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. which is heavier than punishment)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

1. Scope of punishment by law: Imprisonment for not less than one year and six months but not more than six years and not more than six months;

2. The range of the recommended punishment according to the sentencing guidelines shall be limited to the crimes provided for in subparagraph 1 [Article 1] [Article 1] (Article 1 of the Punishment of Violences, etc. Act (Article 1 of the Punishment of Violences, etc.) (Article 1 of the Act on the Punishment of Violences, etc.), violent crimes, habitual injury, bodily injury

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