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(영문) 수원지방법원 안양지원 2015.11.19 2015고단1368

주거침입등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 27, 2012, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Suwon District Court, and the Defendant completed the execution of the sentence on September 25, 2013 in the Daegu Prison on September 25, 2013.

1. Around 04:10 on July 13, 2015, the Defendant, who entered a residential intrusion, went into the Dong B apartment 3, and went into the residence of the said apartment residents, including the victim, by intrusioning on the public stairs and corridor of the said apartment in order to meet the victim C, and leakage the first race in front of 101, the victim’s residence, and by cutting off the entrance door several times, the Defendant intruded on the residence of the said apartment residents including the victim.

2. On July 13, 2015, at around 04:30 on July 13, 2015, the Defendant: (a) arrested in the act of committing an act in the line of duty by a police officer E belonging to the D Zone Unit of the Police Station during the safe-time period, such as the preceding paragraph; and (b) deemed that he was fright at the back seat of the patrol car and used by public offices by viewing that he was fluor.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Sluice photographs;

1. Investigation report (to hear calls and statements from police officers visiting the scene);

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (to be filed with the previous records, court records, etc., binding of personal data number and acceptance status);

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 141 (1) of the Criminal Act (the point of damage to public goods and the choice of imprisonment);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommending a person: A person who concurrently commits a crime of intrusion upon residence for which no sentencing guidelines have been set from one year to four years of imprisonment, and the lower limit of the sentencing guidelines shall be set according to the lower limit of the sentencing guidelines for the crime for which the sentencing guidelines are set; and

(a) Aggravation area (one year to four years) of invalidation and destruction of public property;

(b) Cumulative offense of the same kind for special persons;

2. The defendant who has been sentenced to sentence has been punished several times for the same crime.