(영문) 수원지방법원 안산지원 2019.10.23 2019고단3355

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(영문) 수원지방법원 안산지원 2019.10.23 2019고단3355

주거침입

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 02:00 on August 22, 2019, the Defendant committed a self-defense act from the defendant's house Yagu B and C in Ansan-si to the b body body condition, the Defendant was willing to enter the victim's house by using the fact that even if the victim D (Ga name, c9 years of age, 39 years of age, hearing impairment 2) residing in the next house intrudes the victim's house with hearing impaired and hearing impairment 2 years of age, he could not easily find it into the victim's house.

At around 03:00 on August 22, 2019, the Defendant opened a window that has not been corrected in the upper beer of the victim's house in Ansan-gu B, Ansan-gu, and entered the door, and had knee knee and knee in front of the victim who was born in the beer with his wife, and had kne knee and ske his sexual flag in the beer, the Defendant left the house of the Defendant through the kne knee and the knee of the victim.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. Stenographic records or stenographic records;

1. Application of Acts and subordinate statutes to a certificate of the disabled of the victim, a family relation certificate of the victim, a field photograph, a fixed amount and a gene appraisal report (record 239 pages or less of the record) which the suspect has left the residence

1. The pertinent provision of criminal facts, Article 319(1) of the Criminal Act regarding the selection of punishment, conditions favorable to the reasons for sentencing the choice of imprisonment: The defendant's wrong recognition and reflects the defendant's wrong, there is no criminal history exceeding the same kind of criminal record or fine, the payment of 10 million won to the victim and agreed with the victim: The defendant's act of self-defense in front of the victim, who intrudes into the victim's house in a physical condition at one night, thereby impairing the peace of the victim's residence and causing fear of sexual crime, and the victim's occurrence of fear and fear of sexual crime, such as the victim's age, character and behavior, and environment.

참조조문

-형법 제319조 제1항

유사 판례

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-서울북부지방법원 2015.09.17 2015고단1290

-수원지방법원 안산지원 2014.11.07 2014고합296