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(영문) 부산지방법원 동부지원 2017.01.18 2016고단2288
주거침입등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Presumption of Facts] After the marriage between wife C and wife in 2004, the Defendant continued to be a wife at the end of the week due to the workplace issue, and the wife gave birth to D around March 201. However, since April 201, the Defendant was in a separate life from his wife.

The Defendant proposed that he did not go to the wife, but the wife refused to do so and found his wife's house, but did not go to the wife, and the wife went to the house by using a gap in order to go out of the house to go out of the house.

[Criminal facts]

1. On August 15, 2016, the Defendant violated his residence, around 11:20, the Defendant was waiting for the victim’s residence, 203 Dong Kimcheon-si, Kimcheon-si, 1704, and the victim C, waiting in stairs, using the gaps in opening the entrance door to going out.

Accordingly, the defendant infringed upon the victim's residence without permission.

2. A minor kidnapped Defendant: (a) was forced against D’s will to leave and drive a HG car even though the victim D, who was entirely in charge of the above victim C, and who was protected and brought up, said victim C, and the victim D said, “I do not want to do so; (b) was forced against the Defendant’s will; and (c) was driven by the F that was owned by the Defendant and was driven by HG car.

Accordingly, the Defendant infringed upon C’s right to protect and supervise D’s children, and kidnapped minors by abusing their right to care and custody to move the D under its de facto control.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the statement protocol to C

1. Article 319(1) of the Criminal Act, Article 287 of the Criminal Act, and the choice of punishment for a crime;

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 (including the fact that there is no criminal record against the accused, and the fact that the accused repents his mistake, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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