logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.08.26 2016고단4828
특수주거침입등
Text

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

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

Reasons

Punishment of the crime

1. A special residential intrusion Defendant was living together with the victim B (n, 62 years of age), and around July 15, 2016, around 00:25, at the residence of the victim in Dong-gu Incheon Metropolitan City C lending 202, the victim was found to drink alcohol to the victim on the preceding victim, but the victim was refused to do so on the ground that the victim refused to do so. However, the Defendant was able to remove and damage the lock locker, which is a dangerous object prepared in advance, and then intruded the victim’s residence.

2. The Defendant damaged a special property at the time and place specified in the above 1.1. At the victim’s residence, the Defendant: (a) invadedd the victim’s residence; (b) took the victim’s bath to “this year, spawn”; and (c) dumpeded the victim’s market air condition, which is the victim’s possession of dangerous objects, with the air conditioners, TV, and main glass.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes to special residence intrusion and damage to special property;

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act concerning facts constituting an offense, and Articles 369(1) and 366 of the Criminal Act concerning the selection of punishment (a point of intrusion upon special residence), and Articles 369(1) and 366 of the Criminal Act;

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 on the stay of execution (including the fact that the defendant has no record of punishment heavier than imprisonment without prison labor, and the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc. of the defendant, and all the conditions of sentencing as shown in the theory of changes);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

arrow