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(영문) 울산지방법원 2020.12.18 2020고단3853
특수주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 1, 2020, the Defendant: (a) requested the victim C to take fire on the first floor of the building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building site building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building

2. In the same time and place as Paragraph 1, the Defendant: (a) carried the 3rd floor of the above building, which is an object dangerous to the entrance of the building; (b) carried the 3rd floor of the building; and (c) invaded upon the residence of the victim C (W, 38).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs (the front door destroyed);

1. Photographs of criminal tools;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 320, 319 (1) of the Criminal Act that choose a penalty (the occupation of special intrusion), Articles 369 (1) and 366 of the Criminal Act (the occupation of special destruction and damage, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”), which is favorable to the defendant;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Destruction and Damage of Property) (Determination of Punishment) (Special Destruction and Damage [Type 1] Cumulative Offense and Special Destruction and Damage [Special Destruction and Damage] (Special Destruction and Damage): Reduction element of Punishment: Non-Mitigation of Punishment [Recommendation Area and Recommendation Scope] Reduction Area, Imprisonment with labor for one month to eight months;

(b) Second crime (unestablished crime);

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than one month (a concurrent crime with an offense for which no sentencing guidelines are set);

(d) Scope of the recommended range of punishment as modified by the applicable sentencing guidelines: the maximum range of sentence recommended by the sentencing guidelines in January through July is in conflict with the statutory applicable sentencing guidelines. Therefore, the applicable sentencing guidelines are legally applicable.

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