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(영문) 제주지방법원 2016.11.03 2016고단2070
주거침입
Text

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

Reasons

Punishment of the crime

[criminal power] On January 22, 2015, the Defendant was sentenced to one year from the Jeju District Court to imprisonment for night, intrusion upon residence, larceny, etc., and completed the execution of the sentence on October 21, 2015.

【Criminal Facts】

On August 6, 2016, the Defendant: (a) around 03:30 on August 6, 2016, around the house of the victim D (Inn, 31 years of age) located in Jeju, and kiddd the victim’s residence by kiding the stairs into the ward after going to the entrance of the second floor.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a house;

1. A report on investigation (the results and details of the examination and assessment of the suspect), and a written appraisal;

1. Preparing and reporting a record of telephone recording or investigation;

1. Previous records of judgment: Criminal records, probationary records, results of the search of prisoners, current status of acceptance by individuals, three copies of judgment (No. 2014 high group 1511, etc.);

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is that the Defendant committed the instant crime by intrusion upon the residence of a victim on the second floor above the chilling one year period and committing the instant crime, even though he had the record of being sentenced to imprisonment for two years and six months and six months of imprisonment due to the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof on June 24, 2009 and the crime of intrusion upon residence on September 22, 2015, on September 22, 2006, although he/she had been sentenced to one year of imprisonment due to night intrusion and larceny on September 20, 2006, he/she committed the instant crime by infringing upon the residence of the victim on the residence of the second floor above the chilling one year during the repeated crime period, and it is extremely poor to the nature of such crime and thus, it is necessary to strictly punish the Defendant

However, the defendant's confession of the crime of this case shall be taken into account under the favorable circumstances for the defendant, and the defendant's age, character and conduct, environment, means of crime and result, sentencing cases in similar cases, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered.

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