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(영문) 수원지방법원 2013.04.17 2013고단747

주거침입

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 30, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor by larceny, etc. at the Suwon District Court on March 30, 2010 and completed the execution of the sentence in the Ansan Prison on May 16, 2010.

On November 2012, the Defendant demanded that the Victim C (V, 58 years of age) be able to live after divorce, on the ground that there is no living place after divorce with the victim, and infringed the victim's unauthorized intrusion into the 9-dong Down-gu, Suwon-gu, Suwon-gu, Dokdong, where the victim resides, and brought about the 3th floor stairs and the rooftop.

On January 30, 2013, the Defendant was investigated by the Suwon-Nam Police Station as a crime of intrusion upon residence for the above reasons, and then moved the residence to a shelter with introduction of a person in charge of welfare of the E-dong office, and again, the Defendant did not intrude into the said Do lending 9.

Nevertheless, the Defendant written the written indictment from around 16:00 to around 17:00 on February 15, 2013, stating that “from around 16:00 to around 17:00 on the 17:0 of the same month to around 17:00 of the same month and from around 17:00 of the same month to around 17:20 of the same month, the Defendant did not suffer substantial disadvantages in the Defendant’s exercise of the right to defense, and thus, the indictment is immediately taken into account as “from around 16:0 to 17:00 of the same month.”

up to three times in total, the victim's residence was invaded.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police with respect to C, and a statement prepared in F;

1. On-site photographs;

1. Previous records: Application of the Act and subordinate statutes on inquiry reports such as criminal records, etc., personal identification, and current status of confinement;

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders is that the defendant is a repeated offender.