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(영문) 수원지방법원평택지원 2020.12.17 2020고단1836
주거침입
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 15, 2020, the Defendant committed the crime of Jun. 15, 2020, around 23:20 on June 15, 2020, at Pyeongtaek-si B apartment Cdong, the Defendant maintained the peace of the victim’s residence by bringing the victim’s door to E, where the victim D (man, 35 years old) resides through a beradon window, with the first floor bed, going up in hand with the first floor bed, and then putting the first floor bed down with hand over the rail.

2. On June 17, 2020, the Defendant committed the crime of June 17, 2020, around 23:00, and around 17:0, in accordance with Paragraph 1, 23:0, and in accordance with Paragraph 1, 200, carried out the peace of the victim’s residence in E-ho in which the victim D resides.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a residential intrusion case in each D's written statement, application of a report on the internal investigation to each field, and application of the Acts and subordinate statutes to capture CCTV images;

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act is that he committed the instant crime twice or in this case through a method of spreading in Vietnam in order to bring a young female’s apartment at the time of Han-gu’s night, and its purpose or intent is inconsistent, and it is reasonable to promulgate or cruel the fear that the victimized female was suffering, and it seems that the peace of residence will continue in the future. Thus, the nature of the crime is not good.

However, the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, family relationship, etc. including the fact that the defendant is against his/her mistake and that there is no criminal history of punishment.

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