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(영문) 대구지방법원 포항지원 2016.06.23 2016고단187
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 11, 2015, the Defendant invadedd the victim D, the victim E and his/her family members living in Ulleung-gun, Ulleung-gun, U.S., and opened a second floor door that was not set up to the victim E before the fourth floor of the building in which the victim E and his/her family members reside, and intruded the victim’s residence by entering the third floor of the victim E in front of the third floor visit in which they reside.

2. Around November 23:40 on November 201, 2015, the Defendant: (a) was seated in the third floor door door door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door (15 cm in blade) which was dangerous for the victim’s house-to-door door-to-door door-to-door door-to-door door-to-door door-face (20 cm in width, 10 cm in length, 8 cm in height) which was then found back to the victim’s house; and (b) was opened in front of the repair cost-to-door door-to-door door-to-door door-to-door door-to-face, and carried a lock with a knch door-to-door door-to-door door.

In this respect, the defendant carried dangerous articles and damaged the victims' housing and invaded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D and E (victims);

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (explosive articles), each investigation report (a photo of the damaged glass photo and receipt; attach photographs of seized articles);

1. Relevant provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act concerning the crime, the choice of punishment (a point of destroying special property, choice of imprisonment), Article 320 of the Criminal Act (a point of intrusion into special residence), and Article 319(1) of the Criminal Act (a point of intrusion into residence and choice of imprisonment);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against special residence with the largest punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Confiscation.

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