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(영문) 제주지방법원 2016.06.22 2016고단476

주거침입

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 3, 2009, the Defendant was sentenced to a summary order of KRW 500,000 as a crime of intrusion at the Seoul Eastern District Court on July 3, 2009; on September 26, 2014, the Defendant was sentenced to a suspension of indictment for a crime of intrusion upon residence at the Seoul East East District Prosecutors' Office; on October 15, 2015, the Defendant was sentenced to a suspension of imprisonment for three years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a thief rape) at the Seoul East District Court, and the judgment became final and conclusive on January 1, 201

Criminal facts

On November 17, 2015, the Defendant: (a) around 03:45 on November 17, 2015, opened a shock net installed in the victim E’s house windows at Jeju, and checked the body of the body, and checked into the body of the Defendant’s body, where the body was sealed, and the body was pushed out.

“Abdomination of an alien” was an act of escape.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigative report (on-site photographs, intensitys, escape dong lines, etc.), investigation report (Attachment to on-site photographs), investigation report (the permission and composition of suspect defense counsel);

1. Previous convictions in judgment: Inquiry into criminal history, reporting on investigation (Attachment of the sentence attached), and application of Acts and subordinate statutes to report on investigation (the time of confirmation of suspended sentence judgment);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 319 (1) of the Criminal Act;

1. Concurrent treatment: After Article 37 of the Criminal Act, Article 39 (1);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;

The circumstances favorable to the reasons for sentencing: The reason why the punishment is not imposed ( June 12, 2016).