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(영문) 수원지방법원 평택지원 2018.05.30 2017고단2460
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 1, 2017, the Defendant violated his/her residence: (a) around 23:50 on October 1, 2017, in front of the residence of the victim C, B B 117 Dong 106; and (b) went to the ward through a window where a woman was under influence of alcohol and was frighted before his/her place and did not go to the ward.

Accordingly, the defendant invadedd the victim's residence.

2. On October 2, 2017, around 02:45 around 02:45, the Defendant went to the house and entered the house in such a manner as above, and entered the house with excessive restriction, which is a dangerous object.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to replys as a result of a trace of criminal scene appraisal;

1. Relevant legal provisions concerning the facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment with prison labor) and Article 320 of the Criminal Act (the point of intrusion upon residence);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act, including the motive, time, method, and method of sentencing, and the fact that the accused did not receive a letter from the injured party, the punishment as set forth in the order shall be determined by comprehensively taking into account the following factors: although the liability for the crime is not light, it is recognized that the accused is erroneous, the primary offender is recognized, the accused's age, sexual behavior, environment, circumstances leading to the crime, and the circumstances after the crime.

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