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(영문) 의정부지방법원 고양지원 2017.10.17 2017고단1454
주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized evidence No. 1 shall be returned to the victim C.

Reasons

Punishment of the crime

The Defendant, from May 2013 to June 5, 2016, had been working as a brokerage assistant in the “E real estate” office located in Seo-gu, Seoyang-gu, Busan Metropolitan City, Seoyang-gu, as a brokerage assistant, provided support to the victim C’s lease contract No. 106 701, F apartment house and became aware of the victim.

On April 2016, the Defendant: (a) asked the owner of the above apartment building who was leased and resided to sell the apartment house; and (b) asked the victim with the password of the above apartment entrance; and (c) discovered that an elevated room is heavy to the victim’s house while entering the victim’s house for sale and purchase brokerage; and (d) led the victim to theft.

Accordingly, from April 2016 to May 14, 2016, the Defendant collected the password of the entrance door of the victim, which was known in advance, from April 2016 to May 14, 2016, into the victim’s house, invaded the victim’s residence, and used one Handbag in the victim’s market price in the victim’s house, and stolen the victim’s house.

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Part of the police of the defendant and protocol of interrogation of the suspect;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. The details of the victim's or the victim's letters to capture a photograph, and the list of the suspect's entry into or departure from Korea;

1. The confirmation letter of request for purchase written by the person under consideration at the time of disposal, and the description of a photograph of a list in color;

1. Application of the Acts and subordinate statutes notifying the results of photo appraisal;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence), Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 333(1) of the Victim’s Criminal Procedure Act

1. The gist of the assertion is that the defendant entered the victim's house to arrange for sale and purchase, and intrudes upon the victim's house as stated in the facts charged.

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