(영문) 서울북부지방법원 2020.11.25 2020고단4036

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(영문) 서울북부지방법원 2020.11.25 2020고단4036

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While returning home, the Defendant reported the victim B (here) to the victim, and brought him/her to the victim.

Around 00:31 on July 8, 2020, the Defendant: (a) the victim was living in front of the victim’s residence in Dongdaemun-gu Seoul, Dongdaemun-gu; (b) the victim was entering the said residence; (c) the victim was living in the said apartment house in front of the victim’s entrance; (d) continued to move out of the gate; and (e) the victim was living in the said gate through the same place at around 00:35 on the same day; (c) the victim was willing to open the gate and come out of the gate in the same manner; and (d) the victim was able to open the gate and come out of the gate before the gate; (d) the victim was unable to open the gate by hand to close the gate, and (e) the victim was able to open the gate with his/her son and her parent who was going to have his/her her son and her parent, and (e) he/she again closed the gate out of the 70th gate through the said gate.

Accordingly, the defendant infringed upon another person's residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to CCTV claters and CCTV-cape photographs;

1. Relevant Article 319 (1) of the Criminal Act concerning facts constituting an offense, Article 319 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment

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

1. In light of the fact that probation and order to attend a lecture and the reason for sentencing under Article 62-2 of the Social Service Order Act, etc., the crime is not good, and the victim seems to have been committed by the instant crime, and the victim appears to have committed considerable fears due to the instant crime, the victim did not agree with the victim, and the victim appeared to have led to confession and reflect on the crime, and all other circumstances revealed in the arguments, including the criminal records, the Defendant’s age, character and conduct, and the situation before and after the commission of the crime.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제319조 제1항

유사 판례

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-서울남부지방법원 2015.09.17 2015고단2985

-서울북부지방법원 2018.09.20 2018고단2135

-춘천지방법원 2015.04.23 2015고단72