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(영문) 서울남부지방법원 2017.02.10 2016고단3714
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around May 2008, the defendant was divorced by law from the victim B (V, 54 years old).

1. On May 8, 2016, the Defendant discovered the victim’s intention to enter the house at the first floor parking lot of Gangseo-gu Seoul Metropolitan Government building C, and obstructed the front of the victim’s body by “the victim’s slock wres.”

The defendant, when the injured party neglected the defendant, was spawned by the injured party's hand with the hand of the injured party's hand, and let the injured party pluck up and pluck up the injured party's arms, and brought the injured party up.

Accordingly, the defendant assaulted the victim.

2. The Defendant who intrudes upon his residence at the same time and place as described in paragraph (1) above, reported that the injured person was going to go to his residence, and followed the injured person, and the injured person was “Araz” of the Defendant.

Even though the phrase "Mai" was stated, the victim continued to drive away in front of the residence of the victim.

The defendant tried to open the entrance door in the place of residence to prevent the defective victim from closing the entrance door, and divided the front door of the entrance door into several times.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of assault) concerning the crime, Article 319(1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

(a) Violence [Scope of Recommendation] No. 1 category (General Violence) is the basic area (from February to October) (no person who is subject to special sentencing).

(b) Intrusion upon residence: Offenses for which the sentencing criteria are set on which no sentencing criteria are set and offenses for which the sentencing criteria are not set.

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