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(영문) 서울남부지방법원 2017.09.14 2017고단2352
주거침입
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, who employed the victim B and had the Defendant worked for the company that was operated by the Defendant, was able to intrude into the said B house even though the Defendant was demanded by the victim C, etc., who was a family member of the above B, who did not contact the Defendant.

On May 4, 2017, around 21:40, the Defendant entered the Yangcheon-gu Seoul apartment, Yangcheon-gu, Seoul, into the front corridor No. 1216 Dong 1201, where the victim C, E, etc. were living, and came back ten times more, and attempted to intrude into the victim’s house by knifing the knife, but did not reach an attempted intention on the wind where the knife is corrected.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (a written statement attached to a victim);

1. Relevant Article 322 of the Criminal Act, Articles 319 (1) and 319 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order are as follows: (a) even though the victims expressed clearly their intention of refusal on the grounds that the victims expressed their intention of refusal, the victim’s home was found or attempted to approach B several times, and the Defendant forced the victim to take advantage of his or her personal father’s son B (the Defendant and the Defendant, at the beginning of 20 majors, 45 years old).

Accordingly, B suffered a considerable mental pain to the degree that it is difficult to lead a social life, and on November 2015, the defendant was subject to a summary order of KRW 5 million due to a crime that intrudes upon the victim's residence.

Nevertheless, it is necessary to severely punish the Defendant who committed the instant crime again.

However, the crime of this case was committed and actually related to the attempted crime, and there was no substantial damage to the victims, and the defendant does not contact or find again to B.

In this Court,

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