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(영문) 의정부지방법원 고양지원 2019.08.21 2019고단1399

주거침입

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 2, 2019, the Defendant: (a) opened a residential shock network of the victim C on the second floor of the building, which gets up with the gas pipeline from the outer wall of the building, and carried in the crepancies, thereby impairing the peace of the residence of the victim.

2. On April 28, 2019, around 23:12, the Defendant infringed upon the victim’s dwelling peace by bringing about the said victim’s residential bath room and scheme through open windows pointing out the gas pipeline of the building and outer wall, at the places indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. A written request for appraisal;

1. Application of statutes governing reports on results of field identification;

1. Relevant Article 319 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. From among concurrent crimes, in light of the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act and the content of the instant crime for the reason of sentencing, the fact that there is no good character of the crime, the fact that there was a record of having been punished for the same kind of crime ( sentenced to a suspended sentence of imprisonment), confession and reflects on the crime, and Article 51 of the Criminal Act, such as the age of the defendant and the circumstances after the crime, shall be determined as per Disposition