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(영문) 울산지방법원 2013.06.21 2013고단1877

주거침입

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 7, 2009, the Defendant was sentenced to three years in the Ulsan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Busan Correctional Institution on June 6, 2012.

On May 12, 2013, around 09:30 on May 12, 2013, the Defendant entered the victim D’s house located in Ulsan Jung-gu C through an open gate, and opened the gate that has not been corrected, and invaded upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear statements E, and to hear statements E from victims E phone-2);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (suspects' previous records and reports);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act provides that the Defendant has been punished several times as a crime of theft by intrusion upon another person’s residence through the entrance without a locking room. The instant crime was intended to block the same type of crime, and the Defendant entered the living room through the main gate, which does not impose any inconvenience to the extent that it harms the well-being of the dwelling.