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(영문) 인천지방법원 부천지원 2017.08.11 2017고단1092

주거침입등

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

1. On April 21, 2017, around 16:30, the Defendant: (a) confirmed that, with the knowledge of Bupyeong-si apartment Nos. 102 and 1508, the victim’s house was in the house of the victim C, it was divided into the victim’s house; and (b) confirmed that there was no space in the victim’s house; and (c) infringed upon the victim’s house.

2. The Defendant, at the same time and place as the mentioned in the preceding paragraph, followed an embankment, which was the victim’s possession inside the victim’s house, and discovered stolen objects, was caught by the mathing victim, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 329 (a point of attempted larceny) of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant invaded upon the house of another person and stolen the goods, and thus, the crime is very poor, the act of infringing the stability of residence requires strict punishment; the crime of this case seems to have been significantly different from the victim; the victim seems not to have been agreed with the victim; the victim wanted to have been punished for the severe punishment of the defendant; the records of punishment for the same kind of crime are more favorable to three times: recognition of and reflects the crime; the degree of the attempted crime is close to the attempted crime; the circumstances of the crime; and other various sentencing conditions indicated in the records and theories of changes, such as records and changes.