beta
(영문) 창원지방법원 진주지원 2018.12.18 2018고단1251

주거침입

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. On July 7, 2018, around 00:36, the Defendant went into the house of the victim D (27 taxes) located in Jin-si, Jin-si, Jin-si, Jin-si, and infringed upon the victim’s residence by, for about 17 minutes from around 00:53 of the same day, the Defendant entered the house of the victim, including, but not limited to, putting down the clothes of women suffering from a dried laver, in order to see see it as soon as possible.

2. On July 21, 2018, around 01:18, the Defendant went into the house of the above victim, and went into the house by the same purpose and method as above, and went into the house for about 29 minutes by 01:47 on the same day, and invaded upon the victim’s residence.

3. In around 00:50 on August 11, 2018, the Defendant came to the house of the above victim, and went to the house by the same purpose and method as above, and invaded upon the victim’s residence for about 11 minutes by around 01:01 on the same day.

4. On August 25, 2018, the Defendant came to the house of the above victim around 05:08, and went to the house by the same purpose and method as above, and went to the house for about 14 minutes from around 05:22 of the same day, and invaded upon the victim’s residence.

5. On September 1, 2018, around 05:05, the Defendant came to the house of the above victim, and went to the house by the same purpose and method as above, and invaded upon the victim’s residence by entering the house for about nine minutes by around 05:14 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. CCTV closure photographs;

1. On-site photographs;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Article 319 (1) of the Criminal Act; Article 319 of the same Act concerning the crime; and Article 319 of the same Act concerning the selection

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for protection and observation, and order to attend lectures - Unfavorable circumstances: Unfavorable circumstances, repeated crimes - favorable circumstances: The confession of a crime and the confession of a crime, reflectivity of punishment, non-conformity with the same kind