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(영문) 대구지방법원 포항지원 2017.02.14 2016고단1136
주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[2016 Maz. 1136] Defendant: (a) opened a door at around 02:55 on August 18, 2016, the victim D, the owner of which he/she became aware of as a customer in the beauty room located in Northern-gu C at port; (b) opened a door at around 02:55, and intrudes on the victim’s residence.

[2016 order 1355]

1. On September 1, 2016, the Defendant committed a crime on September 1, 2016, the Defendant interfered with the business of the beauty room by force of the victim by avoiding a disturbance of about 40 minutes, such as her 40 minutes, which read, in front of the beauty room operated by the victim D (Woo, 41 years old), who was in north-gu C at the port of 19:00, on September 1, 2016, that the victim was not the victim himself/herself.

2. On September 7, 2016, the Defendant interfered with the business of beauty parlors operated by the victim by force by avoiding a disturbance between about 30 minutes, including the phrase “a large voice,” and “a large voice,” on the grounds as seen earlier, around September 18, 2016, around 18:10, and around September 7, 2016.

Summary of Evidence

[2016 Highest 1136]

1. Statement by the defendant in court;

1. Statement made by the police with D (2016 senior group 1355);

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Relevant provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment and punishment shall be aggravated for concurrent crimes with punishment prescribed for a crime of interference with business on September 1, 2016, the most severe punishment)

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The victim has repeatedly committed the instant crime against the same victim, and thereby the victim is a considerable mental disability.

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