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(영문) 청주지방법원 충주지원 2017.03.08 2016고단474

주거침입

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On September 7, 2012, the Defendant was sentenced to one year and six months of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Cheongju District Court’s Assistance, and completed the execution of the said punishment in the official prison on December 25, 2013. On January 21, 2016, the Defendant was sentenced to five months by imprisonment with labor for an attempt to larceny a structure intrusion at night at the Cheongju District Court and completed the execution of the said punishment in the Chungcheong detention center on February 22, 2016.

[Criminal facts] The Defendant, who had resided from June 2015 to October 2015, 305 in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and who had intruded into the above C, had the place of residence in which he had resided prior to the intrusion into the said C.

On June 18, 2016, the Defendant was aware of in advance of the foregoing C around 14:00.

1 The number of the entrance entrance door of the 1st floor was entered and the corrective device was removed, and then entered the above C 405 residence of the victim D (at 34 years old), which was living in the victim D, and the entrance door of the victim's residence was intruded into the residence of the victim by being pushed off.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs, investigation reports (to be attached toCCTV data and pictures related to the case), and pictures related to the case;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (verification of the expiration of the term of punishment of the person under investigation) and a report on investigation (Attachment of recent judgments among the criminal records of the same kind

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of punishment.

1. Circumstances unfavorable to the reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes (in the event of a criminal record of an attempt to larceny a structure at night): A criminal defendant committed each of the instant crimes during the repeated crime period due to his/her own previous conviction in the judgment; despite having been punished by a fine on August 28, 2015, he/she committed the instant crime on the ground that he/she committed the instant crime on the ground that he/she was punished by a fine for attempted intrusion upon residence on August 28, 2015: The above circumstances and the defendant’s age, sexual behavior.