주거침입
A defendant shall be punished by imprisonment for one year.
(2) On August 10, 2017, the Defendant: (a) around 04:50 on August 10, 2017, the Defendant: (b) around 04:50, 1* 1st floor of the multi-family house C in Bupyeong-si; (c) * 44 years old; (d) confirmed that the Defendant was located in the house of the victim’s care; and (e) brought about the chair in the vicinity; and (e) went through the door door, and intrudes the entrance lock through open windows; and (e) intruded the victim’s residence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Investigation reports (fields, CCTVs, CCTVs and data from the base stations on September 14), investigation reports (fields, site rents, and victim counter investigation reports), investigation reports (investigation of CCTVs around the site), investigation reports (in the absence of victims), investigation reports (in the absence of victims), investigation reports (in the absence of victims), investigation reports (in the presence of suspects), investigation reports (in the presence of suspects), investigation reports (in the presence of suspects and police stations on September 14, 200), investigation reports (in the presence of suspects and police stations), investigation reports (in the presence of suspects and police stations), investigation reports (in the presence of criminal investigations and physical comparison);
1. A report on the results of field identification, field identification, and re-proof photographs of the site;
1. Application of Acts and subordinate statutes notifying departments related to 112 Incident reporting;
1. Relevant legal provisions on criminal facts, Article 319(1) of the Criminal Act on the selection of punishment, Article 319(1) of the Criminal Act on the selection of punishment for imprisonment, and Article 319(1) of the Criminal Act on the finding of the victim under the influence of alcohol and the following behind the victim, and the victim left the mixed house, and then the victim intrudes on the victim's residence by cutting off the entrance locker by bringing him/her out through his/her seat and windows, and the nature of the crime is very difficult in that the crime was committed actively and systematically.
The victim infringed upon the residence for the purpose of larceny, and thus, the sentencing is considered. However, the defendant was aware that the house was not an abandoned house, and the victim was aware that the defect was caused once from the defendant.
In light of the statement, such argument is difficult to accept and is favorable to sentencing.