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(영문) 서울서부지방법원 2018.11.15 2018고단1644
특수주거침입등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, who had a special residence intrusion, had a separate house with the Defendant’s wife B, and had a view to harming himself on the ground that the above B did not have any contact with the Defendant.

On February 1, 2018, at around 00:45, the Defendant: (a) concealed the Victim D(58)’s house located in Eunpyeong-gu Seoul Metropolitan Government as B’s residence; (b) concealed the Victim’s house’s transition ( approximately 22 cm in total length, approximately 11 cm in length) that is a dangerous object, into the left two sides; (c) sealed the Victim’s house’s window with its windows emitted, and intruded the Victim’s bend through a shoulder glass window.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. The Defendant damaged the free will of the victim, which is the victim’s possession, at the same time and place as paragraph 1, so that the cost of repairing KRW 1.50,00,000 at the market price was destroyed by breaking the victim’s house glass.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Application of the police seizure protocol statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 320, 319 (1) of the Criminal Act (a point of special intrusion) and Article 366 of the Criminal Act (a point of damaging property and choice of imprisonment with prison labor);

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) intrusion upon a residence, carrying a knife, which is a dangerous object, is dangerous; and (b) if the victim’s address was not mistaken, there was a possibility of leading to a greater crime.

There are several times of violence.

The favorable circumstances: Recognizing a crime, it is divided, restoring the damage, and agree with the victim.

In addition, the execution of punishment shall be suspended in consideration of various conditions of sentencing as shown in the arguments and records, such as the defendant's age, sex, environment, circumstances before and after the crime, and the background of the crime.

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