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(영문) 대구지방법원 2018.03.09 2017고단7071
건조물침입
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant reported the victim D's writing posted in the Seocho B online car page "C" on January 2012, and sent the victim several copies to the victim.

On September of the same year, after approaching the victim's access, the victim's address and contact address were identified in the online camera, and continuously sought or attempted to contact the victim, and around May 30, 2013, the victim prepared a letter to "not to find out the victim's "not to find it."

Nevertheless, on January 8, 2014, the Defendant came to front of 00 Kap, operated by the injured party in Daegu Jung-gu, Daegu, and opened a Kap, and sit in the Kap, and opened a Kap on January 9, 2014, before the place indicated in paragraph 1, the Defendant opened the Kap, and opened the Kap on January 9, 2014.

Accordingly, the Defendant invadedd the building managed by the injured person twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (Submission of CCTV image data related to housing intrusion), application of video CD-related Acts and subordinate statutes;

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that, considering the fact that the defendant continued to find the victim against the victim's will, including each of the crimes in this case, and the victim seems to have suffered considerable mental damage, the defendant does not have any particular criminal record except for the punishment imposed on the defendant for a minor crime of assault, has no record of punishment of the same kind, and the defendant does not repeat again against the will of the victim.

take into account the facts described in this section.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the relationship between the defendant and the victim, the age of the defendant and the sexual conduct, shall be determined as the sentence.

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