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(영문) 광주지방법원 2015.11.27 2015고단3213
주거침입등
Text

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

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

Reasons

Punishment of the crime

1. On June 23, 2015, around 03:20 on June 23, 2015, the Defendant got in front of the gathering of the victim D (n, 22 years of age) located in Nam-gu, Nam-gu, Gwangju, and had a view to rape of the victim of female-friendly appearance, followed the urban gas pipeline of the next house, followed the victim’s house, and opened a glass door leading up to the victim’s house to the victim’s living room, and escaped.

Therefore, the defendant infringed upon the victim's residence.

2. The Defendant, at the time, at the same time, at a place as in Paragraph 1, destroyed the Defendant’s 815,441 won of the repair cost on the backline of the F. M. A. F. M. car owned by the Victim E, which was parked in the next alleyway to intrude into D’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Police for the accused and each protocol of examination of the prosecution;

1. Each police statement of E and D;

1. Investigation report (specific as a suspect), investigation report (verification of suspect intrusion routes, photographs and routes);

1. Application of the written estimate of vehicles, photograph of suspect moving routes, and the Acts and subordinate statutes governing the destruction of vehicles;

1. Articles 319 (1) and 366 of the Criminal Act applicable to the crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Article 62 (1) that the defendant led to the confession of all the crimes and repents of errors; Article 62 (1) of the Criminal Act does not have any aspect of not committing any further

1. It shall be decided as ordered in consideration of the fact that the lower limit of sentence for the crime of damage, the sentencing criteria of which are set for reasons of the violation of Article 62-2 of the Criminal Act on the grounds of probation and order to attend lectures, is one month (the area of mitigation of type 1 among the crimes of damage and damage);

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