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(영문) 대전지방법원 홍성지원 2015.10.30 2015고단807
주거침입
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 15, 2015, the Defendant was sentenced to two years of suspension of execution in October of imprisonment with prison labor for injury, etc. in red support, and the above judgment has become final and conclusive on the 23th of the same month, and is currently under suspension of execution.

At around 17:00 on August 10, 2015, the Defendant continued to file a divorce lawsuit in front of the “C” restaurant located in Boan-si B, Boan-si, 17:00, and brought a written report to the victims D and children living alone, but he was able to look for the victims who were hiding behind the victims.

At around 21:00 on the same day, the Defendant was in front of the victim's house in Bosi E and 2, and was in front of the victim's house, and was in front of the second floor up to 2nd floor, followed a hurd bend by the stairs, going through a sloping bed, and intruded into the victim's house gate in front of the victim's house gate in front of the victim's house gate. At this point, the Defendant was in front of the victim's house.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of crimes during the period of suspension of execution of sentence), application of statutes on judgment;

1. The reason for sentencing under Article 319(1) of the Criminal Code of the relevant criminal facts is that the defendant committed the crime of this case again without being subject to suspended sentence, while he was under suspended sentence, and the victim is punished by the defendant. Thus, the defendant is inevitable to be sentenced to a suspended sentence.

However, in full view of the facts that the defendant is against and led to confession, the age, character and conduct, the environment, the motive and circumstances of the crime, and the circumstances after the crime, the conditions of all kinds of sentencing as shown in the records and arguments in this case shall be determined as ordered.

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