beta
(영문) 춘천지방법원 속초지원 2016.04.20 2016고단31

주거침입등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On August 8, 2013, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Toxic Chemicals Control Act (smelting hallucinogenic substances) at the District Court of Jung-gu District on August 8, 2013, and completed the execution of the sentence at Chuncheon Prison on April 27, 2014.

[Criminal facts]

1. Intrusion upon residence;

A. On February 4, 2016, the Defendant, at around 15:00 on February 4, 2016, opened a window and entered into the house, on the ground that the victim D’s residence located in Gangnam Yangyang-gun C, which is the victim D’s residence, came to fall under 103 Dong-dong 1502, which is the victim D’s residence in Gangwon-gun Yangyang-gun.

Accordingly, the defendant invadedd the victim's residence.

B. On February 5, 2016, the Defendant, at around 13:50 on February 5, 2016, opened a window not set up for the same reason as the preceding paragraph and entered the victim’s house.

Accordingly, the defendant invadedd the victim's residence.

2. On February 5, 2016, at around 13:50 on February 5, 2016, the Defendant: (a) inhaled the mainboard for waterproof treatment of actual containers (type coke) at the residence of the said victim D; (b) damaged the Defendant’s property by setting the mainboard to the bank, the living room, the toilet floor, the toilet floor, the wave, the spons, and the spons, etc., which are the property owned by the victim, so that the amount equivalent to one million won for repair would be exceeded.

Accordingly, the defendant damaged the property owned by the victim and harmed its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. On the spot and photographs of seized articles;

1. A written estimate for an investigation report;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of one copy of a written reply to inquiry, such as criminal history, report on investigation (reports related to the period of repeated crime and criminal punishment of defendants), and text of judgment;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each of the following:

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.