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(영문) 대구지방법원 서부지원 2020.02.06 2019고단1764
주거침입
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not aware of the victim B and C.

On June 22, 2019, at around 01:05, the Defendant: (a) opened an unrest door in the boiler room under the influence of alcohol, and entered the boiler room, and (b) opened the impulse of the kitchen. On June 22, 2019, the Defendant infringed upon the victim’s residence, such as the victim’s her escape, if the victim’s sound was frightened by a sound of the kitchen, after the kitchen’s escape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Application of Acts and subordinate statutes of the report on internal investigation (No. 10,12,24,25,26);

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant infringed upon the victim’s residence by, under the influence of alcohol during one night, intending to enter the ward through the kitchen window, etc., and the fear that the victims spawd and spad were very serious.

In addition, the victims are trying to severely punish the defendants.

Considering these circumstances, it is true that there is a need for more strict punishment against the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant acknowledges the crime of this case and again does not repeat the crime, and that the defendant has no criminal record, in addition to being punished once by the suspension of indictment, etc.

The punishment was determined by taking into account the various circumstances favorable to or unfavorable to such defendant, such as the defendant's age, environment, motive, means and consequence of the crime, and the circumstances shown in the arguments in the instant case, such as the circumstances after the crime.

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