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(영문) 서울중앙지방법원 2016.11.09 2016고단6303
주거침입등
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

On September 3, 2016, the Defendant: (a) around 09:20 on September 3, 2016, the Defendant entered the Seocho-gu Seoul Metropolitan Government C Apartment 605-dong, and invaded into the above apartment through the joint signature of the co-ownership of the above apartment in order to meet the victim D with the former part of the Defendant residing in the above apartment 902.

around 15:00 on August 30, 2016, the Defendant returned home in front of the victim D's 605 Dong-dong 902, Seocho-gu Seoul, Seocho-gu, Seoul, to the victim's house without the victim's permission.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Anthrax;

1. Application of Acts and subordinate statutes to written review and resolution;

1. Article 319 (1) of the Criminal Act and the choice of imprisonment with 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. The Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, committed each of the instant crimes against the victim’s will despite the fact that he/she had been subject to criminal punishment by exercising several violence against the victims and their relatives in the past.

However, the punishment as ordered shall be determined in consideration of all the circumstances, such as the confession and reflect of the crime, the fact that the defendant has not been sentenced to imprisonment or heavier punishment, the fact that the victim has agreed with the victim, the fact that the victim does not contact the victim again after the case, and the age, character and conduct, environment, family relationship, etc. of the defendant, and the details of the crime.

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