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(영문) 인천지방법원 부천지원 2020.01.22 2019고단4295
주거침입
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 31, 2017, the Defendant was sentenced to a suspended sentence of two years for residential entering the Incheon District Court on August 31, 2017; the Defendant was sentenced to a suspended sentence of two years for larceny; and on December 13, 2018, on December 13, 2018, the period of the suspended sentence of one year and two months for residential entering the Incheon District Court sentenced to imprisonment for larceny; and on December 17, 2018, the sentence of the suspended sentence became final and conclusive; on August 13, 2019, the execution of imprisonment for the said one year and two months was terminated; on August 14, 2019, the period of the parole was October 28, 2019, for which the suspended sentence has become invalidated, and the period of the suspended sentence was terminated (scheduled to be terminated on February 27, 2020).

On December 2, 2019, at around 12:05, the Defendant: (a) opened a OOO-bebea window in which the victim C was residing and infringed on his/her house and entered his/her house to the dwelling room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police investigation report (verification of images of victims);

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes to criminal records, references to criminal records, the status of acceptance by each individual, the previous dispositions, and reporting results of confirmation;

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

1. The crime of this case committed for the reason of sentencing Article 35 of the Criminal Act among repeated criminal offenders is paroled while the suspended sentence of imprisonment with prison labor, which was sentenced to imprisonment for a crime of intrusion upon residence and larceny, was invalidated and has been serving a prison term. A repeated crime against imprisonment with prison labor, the period of suspended sentence of which was sentenced for one year and two months, was invalidated, and intrudes upon another person’s residence for the purpose of larceny during the period of parole for which the period of suspended sentence has ceased to exist during the period of

However, when the defendant was discovered from the residence where chips were entered, the crime of death was immediately committed, the defendant did not go to another crime, and the defendant recognized the facts charged.

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