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(영문) 서울남부지방법원 2014.08.14 2014고단1512
주거침입
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant and the victim C are married with each other.

At around 23:00 on April 30, 2014, the Defendant opened a gate that has not been corrected in the house and opened the 3th floor of the stairs on the ground that the victim living in Guro-gu Seoul Metropolitan Government (D) wants to have a conversation with the victim, and infringed on the victim’s residence.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to police investigation reports (the detailed information of the case and the list of 112 reported cases);

1. Article 319 (1) of the Criminal Act applicable to the crime;

1. The reason why the sentencing of alternative sentence of imprisonment is to be imposed is that the defendant does not have any previous error, and that the content of crime is minor.

However, in full view of the fact that the Defendant’s refusal to attend a court without any particular reason, and the Defendant committed several violations of discipline by avoiding disturbance in the detention house, and thus cannot peeping light, and is likely to pose a risk of re-offending in light of the Defendant’s speech and behavior after the crime, etc., no sentence may be imposed on the Defendant.

For more than one reason, the same sentence as the order was determined.

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