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(영문) 대전지방법원천안지원 2020.10.27 2020고정385
주거침입등
Text

Defendant shall be punished by a fine of KRW 500,000.

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

3.2

Reasons

Punishment of the crime

Although the defendant and the victim B(the age of 66) were married in the past, they are now divorced.

1. On February 10, 2020, the Defendant found Nos. C building D at Asan-si, Asan-si on the ground that the victim was able to have a wind in the past, and when making a claim, the victim did not open the door in the process of making a claim, and walked with the door door knife, walked with the door knife, knife the door knife, knife the door knife, knife the door knife without permission, and intruded upon the victim’s residence, such as harming the peace of residence, because

2. On February 15, 2020, at around 01:38, the Defendant, at the same time and at the same place, had the victim not opened a door, knife the victim, knife the knife the knife, knife the knife door, walk the knife door, knife the knife door, knife the knife, and invaded the victim’s residence, such as harming the peace of residence

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police examination-related Acts and subordinate statutes to the protocol of statement B

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence), the selection of each fine for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) was invaded by the Defendant’s residence of the victim, who had been divorced on two occasions.

However, the defendant has no criminal record of the same kind, and the defendant was a married couple who has been living together for a long time, and the victim did not want the punishment of the defendant, considering favorable circumstances.

In addition to this, the defendant's age, character and conduct, circumstances surrounding the crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

The summary of the facts charged with dismissing public prosecution shall be the defendant.

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