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(영문) 서울북부지방법원 2016.12.15 2016고단4113
주거침입등
Text

A defendant shall be punished by imprisonment for 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. Around 04:00 on July 15, 2016, the Defendant driven a DNA d motor vehicle under the influence of alcohol content of about 0.135% from a section of approximately 3.5km from the road near the soft tunnel located in Seongbuk-gu Seoul Metropolitan Government to the front road of the residence of C in Gangseo-gu Seoul Metropolitan Government.

2. In front of the above C’s residential gate, the victim, who was in a teaching relationship in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant violated the victim’s residence by taking advantage of the fact that the key possessed by the victim at the time of his teaching was not returned to the victim, thereby opening a locked gate with the said key, and entering the victim’s residential gate, without complying with the victim’s request that return to the front of the victim’s residential gate, the Defendant went back to the front of the victim’s residential gate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and reports on the status of a drinking driver;

1. Violation of the relevant provisions of the Act on the Crime and the election of a sentence: Violation of the Road Traffic Act as stated in Article 319 (1) of the Criminal Act: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances of the reasons for sentencing below): The five times due to various violences, the one time due to the drinking driving, the more favorable circumstances in which the drinking is high: The fact that there is a reflection on the fact that there is an agreement with the victim; and

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