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(영문) 서울북부지방법원 2016.07.22 2016고합254
주거침입등
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. On May 20, 2016, the Defendant: (a) opened a gate that was not corrected for the house of the victim D (V, 47 years old) located in Gangnam-gu Seoul, Gangnam-gu; and (b) invaded upon the victim’s residence.

2. In general, the Defendant: (a) destroyed a fire at the above date, at the above time, and at the above place, the victim’s house; (b) destroyed the fire by setting fire to the victim’s 3-day emergency exit, which was prepared in advance at the entrance of the entrance; and (c) destroyed the fire to the victim’s 3-day emergency exit.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to D or E;

1. Written statements prepared by D;

1. A seizure list;

1. The Defendant and the defense counsel at the time of committing the instant crime with respect to the assertion of a field photograph, on-site photograph, the Defendant and the defense counsel at the time of the instant crime.

The argument is asserted.

According to the records, although the defendant seems to have provided little alcohol at the time of committing the crime of this case, in light of various circumstances such as the background, method, and behavior before and after the crime of this case, it does not seem that the defendant did not have reached a state where he had the ability to discern things or make decisions due to drinking at the time of committing the crime of this

Defendant

We do not accept the assertion of counsel.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence, the choice of imprisonment), and Article 167 (1) of the Criminal Act (the occupation of general goods and fire prevention) concerning the crime;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes under Article 50 of the same Act (within the scope of the sum of the long-term punishments of the above two crimes)];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act, 1.

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