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(영문) 광주지방법원순천지원 2020.09.10 2020고단1381

주거침입

Text

A defendant shall be punished by imprisonment for six months.

However, 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 the ground that the women living at the studio located at early 2020, the Defendant entered a password, which was concealed in stairs, and reported and identified the studio in the studio, and opened an entrance door and registered a digital stud card.

On May 23, 2020, at around 20:20:23, the Defendant opened a studio using a digital studio card, which was in possession of the victim C, and intruded into the residence of the victim.

Summary of Evidence

1. A written statement of the defendant C in court;

1. Making records of on-site photographs of housing intrusion incidents;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (verification as to whether digital music card actually works);

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the execution of a sentence shall be postponed by taking into account the fact that the defendant has obtained a fine twice due to intrusion upon residence, but it is not very good to commit the crime because he/she had already registered his/her digital fishing mar card with the digital fishing mar, even though he/she had past record of being fined twice due to intrusion upon residence, and that there is no record of crime exceeding the fine);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;