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(영문) 서울중앙지방법원 2013.05.08 2013고단501

주거침입

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On August 12, 2010, the Defendant sentenced ten months to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Seoul Central District Court on August 12, 201, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on June 10, 201.

【Criminal Facts】

The defendant was the victim C (the 43 years of age, the female) from around 2008 to around 10 August 2012.

On January 8, 2013, the Defendant: (a) around 00:30, the Defendant: (b) had the victim, who did not come well after Goyang-dong-gu Dda 202 to August 10, 2012, open a door door to the victim’s residence; (c) had the victim and her husband E enter the house; (d) had the victim and her husband E enter the house, and forced the victim to open a door door against the victim’s will and enter the house, and had the victim flick tobacco flicked in the house and intruded the victim’s residence, such as avoiding tobacco.

Summary of Evidence

【Criminal Facts in the Market】

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Investigation reports (fields, etc.);

1. Excessive photographs (pre-trial records);

1. Criminal records;

1. Application of investigation reports (the date of release, confirmation of the date of release, and attachment of copies of written rulings, etc.), personal identification and confinement status, case agreement assistance meetings, and copies of written rulings;

1. Article 319 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor as a matter of choice of punishment (the defendant is very poor in light of the circumstances where the defendant, while repeated crime, disregards the intent of the victim who intends to terminate internal relationship with the defendant, and finds the victim's residence living together with the husband of the victim, prevents the crime of intrusion of residence in this case, and subsequently, fights with the husband of the victim's body while failing to comply with the victim's request for eviction, and fights with the victim's body, and fights with the husband of the victim's body, and fights with the husband of the victim's body, etc., which led to excessive reduction of the victim's body. Thus, even though the victim's withdrawal of the complaint