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(영문) 수원지방법원 2019.02.14 2018고단7161

주거침입

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2018, at around 00:55, the Defendant was living in front of the Suwon-gu Seoul Multi-Family Housing Building in which the victim B resides, and went up to the rooftop of the said building through the entrance door that was not corrected, and intruded into the victim’s residence, such as peeping the victim’s residence through the victim’s window on the board of the board installed in the eaves, at the right angle.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. An attempted report on the occurrence of a house;

1. Each investigation report (the confirmation of CCTV around the site of occurrence and specific circumstances of the suspect, and relation to the DNA of the suspect);

1. 112 reported case processing table and gene appraisal report;

1. Application of the Acts and subordinate statutes concerning photographs and CCTV closure photographs;

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

1. Circumstances unfavorable to the defendant due to the reasons for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for sentencing) : Crimes that intrude into another person’s residence in the middle of the trial, and thus, the liability for such crimes appears not to be minor, and the victim appears to have obtained a considerable mental impulse due to the crime. Normal circumstances favorable to the defendant: Recognizing the error that are favorable to the defendant, it would seriously reflect on the fact that there is no criminal record for the same kind of crime or for the suspension of execution. There is a family member who will support the defendant, such as a child.