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(영문) 수원지방법원 여주지원 2019.01.23 2018고단1081

폭력행위등처벌에관한법률위반(상습주거침입)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On July 12, 2004, the defendant was sentenced to a suspended sentence of three years for a crime of intrusion upon residence and larceny at the Cheongju District Court on March 16, 2006, and on March 22, 2006, the sentence of the suspended sentence became effective upon the judgment became final and conclusive on March 22, 2006. On March 25, 2009, the defendant was sentenced to two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Cheongju District Court at the Cheongju District Court at the same Seoul District Court on April 12, 201, and was sentenced to imprisonment with prison labor at the Daegu District Court's sex support on February 14, 2013, and was sentenced to imprisonment with prison labor for four years and for three years and for an attempted robbery from the Seoul District Court on February 14, 2013, and was sentenced to imprisonment with prison labor for three years and one year and one year and six years from the death.

【Criminal Facts】

On August 21, 2018, at around 11:25, the Defendant got at the residence of the victim C (n, 26 years of age) located in Singing City B, the Defendant: (a) attempted to steals the victim’s things; (b) opened the entrance door up to the second floor of the victim’s residence in hand; and (c) opened the door door up to the second floor of the victim’s residence several times in hand; and (d) carried the body, and the body was sealed, but the victim, who was in the mashed residence, was found to have discovered the Defendant; and (b) attempted to escape the sound, “Ar must whom you want.”

As a result, the Defendant was sentenced to imprisonment with prison labor more than twice as an act of violence, and re-infidented the residence of the gold victim during the period of repeated offense

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site identification reporting, reports on results thereof, and site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of a repeated crime and application of Acts and subordinate statutes to review the rate of crimes committed;

1. Article 2 (3) 1 and Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning a crime;