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(영문) 대구지방법원 2014.03.06 2013고단4587
주거침입등
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A defendant shall be punished by imprisonment for six 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

1. On June 2, 2013, at around 06:40, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) made use of a brick, which is a dangerous object in front of the building in Daegu-gu, Daegu-gu, Seoul, and caused damage to KRW 261,580 of the repair cost by making it clear to the victim D (Woo, 39) who was parked front of the building in front of it.

In this respect, the defendant damaged the victim's property by using dangerous things, thereby harming its usefulness.

2. On July 8, 2013, around 07:30 on July 8, 2013, the Defendant intruded the victim G in Daegu-si, Dong-gu, Daegu-gu, into the house through the first floor gate, and intruded into the victim’s residence by using stairs up to 3 floors where the victim lives.

3. The Defendant causing property damage, at the time and place specified in paragraph 2, posted the third floor door door of the house in which the victim is living, but did not open the door, destroyed the repair cost of KRW 30,000 in return to the inner bend door and the glass window to move back to the front door of the victim’s house.

Accordingly, the defendant damaged the victim's property and harmed its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of written estimate or photographic Acts and subordinate statutes to property damage;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 366 and 319 (1) of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant is repenting in depth of his mistake, the degree of damage to the victims is not more severe, and friendly.

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