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(영문) 부산지방법원 동부지원 2020.02.12 2019고단1177
건조물침입
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 15:00 on May 28, 2019, the Defendant arbitrarily entered the Eudal building operated by the victim D (50 years of age) located in Busan Shipping Daegu, and opened the entrance door of two female customers, such as F (22 years of age), from the first floor of the above building to the 7th floor, and intruded into the victim’s structure, such as a car car.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on investigation;

1. One medical opinion and one medical certificate, respectively;

1. Application of investigation reports (verification of suspect's hospitalization in G Hospital)-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

1. Statutory mitigation under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The judgment is delivered with the order to determine a punishment as stated in the order of sentencing, taking into account the following factors: Article 62-2 of the Probation and Medical Treatment and Custody Act; Article 44-2(1) and (2) and subparagraph 1 of Article 2-3 of the Medical Treatment and Custody Act (the defendant needs to receive outpatient treatment as a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act; the risk of recidivism exists); the defendant committed the crime of this case in a state that he has no record of criminal punishment other than being punished for one time due to drinking driving; the defendant committed the crime of this case in a state that he/she lacks the ability to discern things or make decisions due to mental illness, such as editing and realizing illness; the defendant's age, character and behavior, environment, family relationship, etc.; the execution of the punishment shall be suspended; however, the defendant is ordered to order the defendant to undergo probation and treatment to prevent and treat recidivism.

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