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(영문) 부산지방법원 동부지원 2017.04.27 2017고단312
특수주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2016 to July 2016, the Defendant was in a relationship with the victim B (n, 56 years of age).

Since the defendant was hedging with the victim, the defendant was investigated as a crime of intrusion upon residence over three times, such as locating in the house of 1, 803, Nam-gu, Busan Metropolitan City apartment C apartment, and opening the gate, and was punished.

1. On December 25, 2016, around 21:30 on December 25, 2016, the Defendant came to have a 3 Ra of the above apartment, and after passing through the public entrance entrance door of the above apartment, the Defendant was able to take a bath in front of the above apartment unit 803, where the victim resides in the elevator, and sprinked with the entrance door.

Accordingly, the Defendant infringed upon the residence of the above apartment residents including the victim.

2. As stated in paragraph 1, the Defendant intruded on the above apartment, and called out after receiving a warning from the police officers, and returned to his house located in Busan Southern-gu.

The Defendant, at one’s own house, once drinking the mixed drinking, did not look at the victim’s house, once again at the drinking house, and took a dangerous object (22cm in length) at his own house, and served in front of the above apartment, boarding a taxi on the part of the Defendant’s mother. The Defendant carried the said apartment on December 25, 2016 at around 22:40, and carried the 3Ra of the above apartment, and carried the 803rd of the above apartment in which the victim resides, and carried the 803rd of the above apartment in the same manner as the above mentioned in paragraph (1).

Accordingly, the Defendant carried dangerous things as above and infringed upon the residence of the above apartment residents including the victim.

Application of Statutes

1. The crime of this case on the grounds of the relevant legal provisions of the Criminal Act and Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 320 of the Criminal Act (the point of intrusion upon residence carrying dangerous things) on the basis of the sentencing of the punishment, is committed by the crime of this case on two occasions over the dwelling of the victim who is the chain of hedging.

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