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(영문) 대구지방법원 2020.09.10 2020고단2521
주거침입
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant committed the following crimes in the state that he/she lacks the ability to discern things or make decisions due to an on-site illness, etc.:

1. On March 24, 2020, at around 23:10, the Defendant came into the Daegu Dong-gu apartment complex D, Daegu-gu, where the victim B resides, and opened a dong c apartment complex and intrudes into the front of the house where the victim resides, at his own discretion, according to the resident entering the Dodong c apartment house D, and opened a door to the front of the house where the victim resides.

2. On March 25, 2020, at around 12:09, the Defendant intruded into Ddong Joint Spans by the aforementioned method at the above location, and then opened several strings and doors of the early strings where the victims reside.

Accordingly, the defendant violated the victim's residence more than twice in total.

The Defendant, “2020 Man-Ma3855,” when he/she was unable to discern things or make decisions due to tidal illness, etc., was living in the victim’s residence from around 05:50 on March 29, 2020 to around 07:15 on the same day, when he/she fell under the Daegu Dong-gu C apartment E, Daegu-gu, the victim’s residence, which was the victim’s residence B, and entered the front of the said residence, and occupied the victim’s residence by taking the portraits in front of the victim’s entrance.

Summary of Evidence

1. The written statement concerning the defendant's legal statement B, and the written statement prepared B is in the joint presence of the defendant in front of the victim's residence, and the application of the damaged photographic statute;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (influences into residence) and the choice of imprisonment for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to reasons for sentencing under Article 62-2 of the Criminal Act, subparagraph 1 of Article 2-3 and Article 44-2 of the Medical Treatment and Custody, etc. Act: The person who has already been sentenced to a fine due to intrusion upon residence of the same victim;

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