beta
(영문) 서울서부지방법원 2019.10.30 2019고단2922

건조물침입등

Text

A defendant shall be punished by imprisonment for one year.

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

1. Intrusion a structure;

A. On July 22, 2019, around 03:40 on July 22, 2019, the Defendant invadedd the structure managed by the victim Nonparty, who was up to the rooftop through the stairs of the above building, in order to steals a shower figure by E (W, 49 years of age) who is a woman residing there, through the window of the second floor of multi-household house at a distance of about 1m from the rooftop.

B. On July 30, 2019, the Defendant was in front of the same place as the preceding paragraph at around 03:05 on July 30, 2019, and then stolen the appearance of the above E, a woman living there, through the window of the second floor of multi-household house at approximately one meter away from the rooftop, and invaded the building managed by the victim up to the rooftop through the stairs of the above building, to commit self-defense.

2. On August 5, 2019, around 00:15, the Defendant was living in the Yongsan-gu Seoul Metropolitan Government F building, and multi-household houses where the victim H (n, 24 years of age) was living in Yongsan-gu, Seoul, and the victim H (n, 24 years of age). In order to commit self-defense, the Defendant entered the space between the victim’s home windows inside the above victim’s residence and the outer wall of the above multi-household building and infringed upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Each written statement E and C;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos 24, 30, 31, 36, 49);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, based on the motive and circumstance, etc. of the instant crime, was not good, and the victims and E suffered uneasiness and mental pain.

However, it does not infringe upon the defendant's time to commit a crime and inside the room, and the victim C.