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(영문) 부산지방법원 2018.12.20 2018고단4254
주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the 37 years of age) have given birth to their offspring without reporting the marriage, and the victim is raising the victim, but they are not living together with each other.

1. On August 4, 2018, the Defendant infringed upon the victim’s residence by opening the entrance door and leaving the door door to the door through windows, around 04:05, at the victim’s residence located in the Busan Young-do, Busan, the Defendant: (a) opened the entrance door; and (b) intruded the victim’s residence.

2. The injured Defendant inflicted an injury on the number of days of treatment, such as the date and time set forth in paragraph 1, the victim’s house inside, and the victim’s house, and each other as a consequence of leaving the victim’s house, leaving the victim tightly, causing the victim to walk up, causing the victim’s cryp and hole up on the face.

3. Special intimidation Defendant: (a) uses the time and time stated in paragraph 1; (b) the transition period (24 cm in total length, 14 cm in length) that is dangerous things in a kitchen at the time and place; and (c) disposes of the death.

The victim threatened the victim by stating "the deceased."

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions of the Criminal Act and Articles 319(1), 257(1), 284, and 283(1) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of punishment under Article 62(1) of the Act on the Suspension of Execution [the scope of punishment under Article 62(1)] The following shall be taken into consideration: (i) the scope of punishment not for the mitigated area (two months to one year); (ii) the scope of punishment for the mitigated area (the scope of punishment for Article 2 crime recommended]; (iii) the mitigated area (two months to ten months); (iv) the final sentence due to the aggravation of punishment for a large number of non-permanent offenders [the person subject to special mitigation]: (iv) months to one year [the determination of sentence]; (iv) there is no record of criminal punishment exceeding a fine; and (v) there is no record of criminal punishment exceeding a fine; and (v) there is a

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