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(영문) 수원지방법원 2021.01.14 2020고단8119
주거침입
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 30, 2020, the Defendant: (a) visited the studio of a studio of a studio in Suwon-si in Suwon-si and drinking alcohol; (b) carried the studio of the victim B (a studio) residing on the same floor as the studio, with the knowledge that the studio does not well lock the door; (c) carried the studio in the above studio building; and (d) carried the studio, with the awareness of the fact that the studio does not well lock the door, had the studio not corrected; and (d) carried the studio into the 4th floor of the above studio building; (d) carried the studio of the victim’s residence; and (e) carried the studio in the studio by viewing the victim, viewing the victim, and

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (tentative name);

1. A criminal investigation report (to track a criminal suspect's escape route) and a criminal investigation report (to specify the personal information of the criminal suspect);

1. Application of statutes on site and CCTV photographs;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act is that the defendant committed self-defense by intrusion upon the victim's residence, and thus, the crime is not good in light of the risk of such act.

However, the defendant recognized the crime of this case, against the mistake during the detention period of more than two months, the defendant has no record of punishment due to intrusion upon residence or obscenity, etc., other defendant's age, sexual conduct, environment, details and result of the crime, circumstances before and after the crime, etc., and the various sentencing factors indicated in the arguments and records of this case shall be determined as ordered.

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