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(영문) 광주지방법원 해남지원 2021.02.18 2020고단357
특수주거침입
Text

A defendant shall be punished by imprisonment for not less than two 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

On September 6, 2020, the Defendant: (a) around 09:50 on September 6, 2020, when the Victim C was in the South Navy B, the Defendant got out of the Victim C’s house, and went through the gate, which is a dangerous object in the Defendant’s house, for the reason that the dog raised by the victim was slick, and passed through the gate without the gate.

Accordingly, the defendant carried dangerous articles and invaded upon the residence of the victim, and the summary of the evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on site photographs;

1. Articles 320 and 319 (1) of the Criminal Act relating to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act refers to the following: (a) the defendant committed the instant crime; (b) the defendant committed the instant crime; (c) the defendant does not want the punishment; (d) the victim does not want the punishment; and (e) the defendant’s age, sex and environment; (e) the motive, means and consequence of the instant crime; and (e) the conditions of sentencing specified in the pleadings of the instant case,

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