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(영문) 서울서부지방법원 2016.10.28 2016고단1794
주거침입
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 became final and conclusive.

Reasons

Punishment of the crime

Around November 9, 2015, the Defendant came to know of around 2003 with the victim C, and caused conflicts with the victim in connection with the singing club business and investment, and agreed to receive KRW 34 million from the victim and agreed to receive money from the victim on several occasions, but he did not receive any contact with the victim, but did not want to find it at the victim's home.

On May 31, 2016, at around 20:07, the Defendant entered the Da apartment 7 Dong, Yongsan-gu, Seoul, where the victim is living, and used and managed jointly by the residents, and led to a sound going through several times in front of the victim’s house, thereby infringing on the victim’s house by opening the victim’s house door door door over several times. On the same day, on the same day, at around 21:40 again, the Defendant intruded the victim’s house through the public stairs as seen above, into the victim’s house in front of the victim’s house.

Accordingly, the defendant violated the victim's residence more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of each protocol of police statement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) recognizes all the crimes of this case and repents their errors, the fact that there is no record of criminal punishment other than one time of fine, and the defendant’s age, character and conduct, environment, motive and circumstance of the crimes, degree of damage and circumstances after the crime, etc. are considered, and the punishment as set forth in the text of this case shall be determined by taking into account the various conditions of sentencing as shown in the arguments

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