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(영문) 청주지방법원 2015.04.24 2015고단272
폭력행위등처벌에관한법률위반(상습주거침입)
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 7, 2005, the Defendant was sentenced to a summary order of KRW 300,00 to a fine for a violation of the Punishment of Violences, etc. Act (at night), and on May 8, 2008, the Daegu District Court sentenced to imprisonment for six months as a crime of intrusion upon residence and two years as a suspended sentence, and on July 20, 2009, sentenced to a fine of KRW 1 million as a crime of intrusion upon residence at the Seoul Northern District Court; on March 24, 2010, the Defendant was sentenced to a fine of KRW 1 million as a crime of intrusion upon building; on May 7, 2010, the Defendant was sentenced to imprisonment for six months as a crime of intrusion upon residence at the Chungcheongnam District Court for night time on May 26, 201; and on May 26, 2011, the Defendant was sentenced to imprisonment for an intrusion upon residence from the Jeju District Court to a fine of KRW 1,315,201.

On March 6, 2015, at around 22:00, the Defendant opened a door door which was not corrected in the house managed by the victim D in the Chungcheongbuk-gun C, and intruded into the residence of the victim.

Accordingly, the defendant habitually intrudes on the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Report on the occurrence of the case;

1. Previouss before judgment: Criminal history records, inquiry reports, and investigation reports (attached to judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, and the frequency of crimes;

1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 319 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is well aware of.

All the circumstances revealed in the arguments of this case, such as the fact that it appears that the electric lights were invaded at night, and the defendant's reflects on the fact that the prosecution of this case was committed.

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