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(영문) 전주지방법원 군산지원 2017.11.29 2017고단1116

특수주거침입미수

Text

The defendant shall be exempted from punishment.

A seized Spanisher shall be confiscated from the accused.

Reasons

Punishment of the crime

On October 15, 2010, the Defendant was sentenced to five years of imprisonment due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in the Goyang Branch of the Jung-gu District Court on July 26, 2015, and completed the execution of the sentence in the Sognet Prison on July 26, 2015. On September 21, 2016, the Jeonju District Court was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Protection and Observation of Specific Offenders and the Electronic Monitoring, etc. of Electronic Devices.

On July 20, 2016, at around 23:00, the Defendant, at the house of the victim D, Seo-gu apartment of Goyang-si, Goyang-si, and the victim D, 205 Dong 104, went to the small room of the victim’s house, the Defendant discovered it in the sofash-called “A person must,” the victim, who discovered it while she laid a brush for a crime prevention window, with a locker ( approximately 35cm in length, approximately 6.5cm in width), which is a dangerous object that was prepared in advance to enter the small room of the victim’s house.

Accordingly, the defendant carried dangerous articles and attempted to intrude upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on the results of field identification, fingerprints replys and appraisal of the persons concerned as a result of fingerprint appraisal at the scene of the crime;

1. A protocol of seizure and a list of seizure;

1. Investigation report (verification of a suspect as a result of DNA appraisal);

1. Previous records of judgment: Results of inquiry, investigation report (verification of the facts of crimes and crimes committed before a final and conclusive judgment during the period of repeated crime), status of personal confinement, and application of the statutes of the judgment;

1. Articles 322, 320, and 319 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exemption Criminal Act (the fact that the defendant is against his/her will, and the crime of this case is committed against his/her attempted crime, and in light of the defendant's age, intelligence, environment, sexual conduct, records of the crime of this case, the circumstances, attitudes, and degree of the crime of this case, etc., the judgment is more severe even if it has been tried with the previous conviction stated in the judgment which became final and conclusive.