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(영문) 서울북부지방법원 2021.03.31 2020고단1607
주거침입등
Text

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

Reasons

Punishment of the crime

[criminal records] On October 8, 2015, the Defendant was sentenced to four years of imprisonment with prison labor due to robbery injury or injury resulting from robbery in the Sungnam support by the Suwon Friwon, and the execution of the sentence was terminated on June 14, 2019.

[Criminal facts] The Defendant is a legal relationship between the victim B (n, 47 years of age) and the law, and is currently separate from the other.

1. On November 15, 2019, around 10:30 on November 15, 2019, the Defendant entered the house through a kitchen window that had not been corrected for the victim’s residence in Dongdaemun-gu Seoul and the first floor. 2. Special intimidation: (a) the Defendant told the victim at the date and place specified in paragraph (1) that “I wish to go back with D’s house,” but, at the same time and place, the victim’s refusal, but the Defendant considered the victim as “the dead who gets out of the house if I want to do so.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Ad hoc measures determined;

1. Previous conviction: Application of a written inquiry about criminal history and the Acts and subordinate statutes on personal confinement;

1. Relevant legal provisions of the Criminal Act concerning the crime, Articles 284, 283(1) (a) of the Criminal Act concerning the selection of punishment, Article 319(1) (a) of the Criminal Act, and Article 319 of the Criminal Act concerning the selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the total of long-term punishments for two crimes);

1. Scope of applicable sentences under law: One month to twenty years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Special Intimidation) (Special Intimidation) No. 1 Crimes (Special Intimidation) / [Type 4] No person who is subject to repeated crime or special intimidation [Special Sentencing] [the territory of recommendation and the scope of punishment], the basic area of the crime, April of imprisonment through January 6.

(b) Two crimes;

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months (Sentencing criteria.

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