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(영문) 창원지방법원 2019.02.14 2018고단3138
주거침입등
Text

A defendant shall be punished by imprisonment for four 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

On January 2, 2018, the Defendant got a divorce between the victim B (n, 36 years of age) and the Defendant on January 2, 2018. On March 20, 2018, the Changwon District Court issued a provisional injunction (2018Kahap59) to prohibit access.

1. Intrusion upon residence;

A. On November 5, 2018, around 18:30 on November 5, 2018, the Defendant: (a) in the Changwon-si apartment, the victim’s residence; (b) on the ground that the victim does not have contact with his/her own telephone, the victim entered the victim’s house in subparagraph E through the said apartment Ddong entrance to the front of the victim’s house; and (c) infringed upon the victim’s residence.

B. On November 6, 2018, the Defendant committed the crime on the part of November 6, 2018, in the above apartment building around 14:10, the Defendant entered the victim’s house in front of the victim’s house under E through the above apartment Ddong entrance to meet the victim’s house, and intruded the victim’s residence, such as leading the victim to the front corridor of the entrance.

2. Around November 5, 2018, the Defendant sent a text message to the victim’s cell phone, stating that “the victim is dead, dead, dead, salker, and salker,” and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A report on internal investigation (on the spot withdrawal);

1. Application of Acts and subordinate statutes to each investigation report (Nos. 8, 9, and 10)

1. Relevant Article 319(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is led to confession and commits a mistake, the extent of damage caused by the crime of this case is not much serious, and the defendant has no previous criminal record who had been punished heavier than the fine before);

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