(영문) 창원지방법원 밀양지원 2017.08.18 2016고합44

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 밀양지원 2017.08.18 2016고합44

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:00 on August 13, 2016, the Defendant, at the main point of “D,” operated by the Defendant, was able to drink with the victim and the victim’s figures, and then move to a nearby singing room with them, and went back to the house by drinking together with the victim’s mixed persons, with the intent to intrude into the victim’s residence.

At around 05:30 on August 13, 2016, the Defendant entered the above password, opened a door, and intruded into the victim’s residence, using the secret number of the studio-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-hos-ho,

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and G;

1. Investigative report (the process of obtaining the entry door and password);

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes governing text messages of the victim's mobile phone;

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. It is true that the defendant's summary of the assertion finds the victim's house without the victim's permission.

Although the defendant does not completely memory the process or process of entering the victim's house, in light of the fact that the defendant's personal identification number and the actual personal identification number are different from each other, and that the pet dog in the victim's house at the time was not significantly prevented, the injured person became aware of the victim's personal identification number in advance or enter the victim's house by opening the entrance door in an improper way.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and examined by the court.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제319조 제1항

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