Text
The punishment of the accused shall be four months by imprisonment.
However, the sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Intrusion upon residence;
A. At around 13:00 on December 18, 2017, the Defendant intruded into the victim’s residence by leaving the door door up to 701 victim D’s residence, on the ground that he/she did not repay the money between the former and the former part of the victim D’s house at around 101, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and that he/she did not repay the money among the former part of the victim D’s residence.
B. On December 20, 2017, the Defendant infringed upon the victim’s residence at the same place as the preceding paragraph at around 19:10, in the same manner.
2. The Defendant, from around 19:10 on December 20, 2017 at the same place as that of paragraph (1) to the subway luminous station, is subject to intimidation, and “I will not have done so.”
Whether fake is not divorced or not.
Money to be repaid;
Future of death
“Intimidating the victim”, the victim was threatened.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act, Article 283(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;
1. The scope of residence intrusion offenses according to the sentencing criteria are crimes for which the sentencing criteria are not set, taking into account the lower limit of the sentencing range for the crime of intimidation for which the sentencing criteria are set; and
Type 1 (General Intimidation) basic area (from February to one year) of Terrorism (no person shall be subject to special sentencing):
2. On February 10, 2016 and May 12, 2016, the Defendant was sentenced to a non-prosecution disposition of the suspension of indictment twice on the grounds that he/she entered the victim D’s residence without permission, and was sentenced to a fine by the fact that he/she intrudes the victim’s residence three times during the period from December 5, 2017 to December 11, 2017, and intimidates the victim on two occasions (in this case, approximately 887, 2018, 546, 2018, 546).
Nevertheless, the defendant has committed the crime of this case without franchising it.