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(영문) 광주지방법원 2018.10.04 2018고단3441

주거침입등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Intrusion upon residence;

A. On June 22, 2018, at around 03:19, the Defendant found at the house of the victim C (Woo, 44 years old) who was a 304-dong, Seo-gu apartment building B, Seo-gu, Gwangju, and thereby, the Defendant intruded the victim’s residence by taking the first race back several times and cutting the entrance door back by hand.

B. As stated in the preceding paragraph, the Defendant: (a) arrested a flagrant offender by the police officers belonging to the Seo-gu Police Station in Gwangju, and was released on June 22, 2018, but around 05:30 on June 22, 2018, the Defendant found the victim’s house at around 06:53 on the same day; and (b) found the first person’s house at several times and infringed upon the victim’s house at hand.

(c)

On August 11, 2018, from around 05:00 to around 06:25 of the same day, the Defendant found at the house of the said victim, and infringed upon the residence of the said victim, such as a person who she takes a hand-off of the front seal and she opened the entrance door in front of the entrance.

2. On August 11, 2018, the Defendant who damaged property is an apartment building described in the preceding paragraph at around 06:30, as mentioned above 1-C.

When the police officers belonging to the Seo-gu Police Station in Gwangju are arrested as a current offender with actions such as the same as the paragraph, they received complaints from the victim, who was attached on the wall of the above apartment elevator, as the head, and damaged the repair cost so that the cost of repair can be equivalent to KRW 100,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Written statements of D, C, and E;

1. Application Form;

1. The 112 reported case settlement table, respectively;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each of the following:

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. The crime of Article 62-2 of the Criminal Code for Protection and Observation is committed again after being investigated by the police due to the crime of Article 1-A and Article 62-2 of the Criminal Code, and Article 62-2 of the Criminal Code.