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(영문) 전주지방법원 군산지원 2020.01.31 2019고단1307

주거침입

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person with habits who feel scarcity while attending the fourth grade of a university and enters the house of another person in a normal place.

1. On June 28, 2019, the Defendant infringed upon the victim’s residence, such as entering the victim’s house (i.e., the victim’s house located on June 28, 2019), and (ii) taking the inside of the victim’s house (i.e., the victim’s house c, which was located on the second floor), into the victim’s house (i.e., the victim’s house c).

2. On July 10, 2019, the Defendant invadedd the victim’s residence by entering the place described in the foregoing paragraph 1. around 02:00-03:00 on July 10, 2019, into the place where the said paragraph 1. was located, and entering the place where the said victim’s house located on the second floor and entering the inside.

3. On July 17, 2019, the Defendant, upon entering a residence, entered the victim’s residence in excess of a fenced to the place indicated in the foregoing paragraph 1., around 05:00 on July 17, 2019, and went into the mast, and entered the said victim’s house in the second floor to open a brupted response network and to the inside, and intrudes on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of CCTV images and photographs-related Acts and subordinate statutes;

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

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is the first offender, the 20 college students, and the 100,000 won has been committed in the course of resolving the stress found in the bad family environment. The fact that the victim deposited 1,00,000 won for the victim is a favorable sentencing factor, and it appears that there is considerable reason other than that that the period or frequency of the defendant committed the crime is revealed as this case. The victim and his family members violated the right to protect privacy in the residence and enjoy a peaceful life at all times.