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(영문) 수원지방법원 평택지원 2017.01.05 2016고단1517
예배방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On December 1, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny in the Seoul Central District Court for six months, and the said judgment became final and conclusive.

[Criminal facts] 2016 Highest 1,600

1. On July 11, 2016, at around 23:00, the Defendant: (a) entered the E inspection of the victim D residing in Ansan-si C with the victim D, on the ground that he reported him to avoid a disturbance under his Section before being drunk; and (b) invaded upon the victim’s residence.

2. On July 12, 2016, the Defendant, at around 22:23, entered the E inspection, where the victim D resides, in order to make the victim under the influence of alcohol, and intruded on the victim’s residence.

On July 13, 2016, the Defendant: (a) 11:00 to 11:30 on July 13, 2016, 2016, the Defendant: (b) 30 persons, such as greged during the E inspection team in Ansan-si C; (c) greged and greged greging 49 times in the white-style 49 times in which greging gregings (in order to overcome the sobreging of the dead sobreged so as to stimulate the sobreged) the greging parent and human colon F, etc., were obstructed by hreging approximately 30 minutes in the middle of the sobreging with a large sound, the alcohol of which could not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. Application of Acts and subordinate statutes confirming the facts of F, etc.;

1. Articles 158 and 319 (1) of the Criminal Act and the choice of imprisonment with labor for the crime

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Taking into account the following circumstances: (a) a number of criminal records including imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act; (b) a person may be punished with larceny for which punishment becomes final and conclusive; and (c) a victim does not want the punishment for intrusion; and (d) a person is hospitalized to receive medical treatment for proof of alcohol existence;

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