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(영문) 울산지방법원 2016.07.21 2016고단1509
주거침입
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On October 28, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court on the charge of intrusion upon residence, etc., and on February 17, 2016, the Defendant was sentenced to a fine of KRW 3 million by the same court due to intrusion upon residence, etc., and was sentenced to a fine of KRW 3 million by the same court on February 17, 2016, and the other

[2] On May 3, 2016, the Defendant: (a) came into multi-households E (the 23 years old) residing in Ulsan-gu, Ulsan-gu; (b) discovered that the 302-year fire, the victim’s home, was flicked; and (c) stolen the 3th floor through the stairs installed in the above house; and (d) entered the entrance side of the entrance door where the main window is installed in the above 302, and then the victim saw the 3th floor through the above window.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous conviction: Application of criminal history inquiry, sentence, and summary order-related Acts and subordinate statutes;

1. It is advantageous to the fact that there was an agreement with the Defendant and the victim on the reason for sentencing the punishment of imprisonment and punishment pursuant to Article 319(1) of the Criminal Act regarding the crime in question.

However, in light of the fact that the defendant seriously intrudes upon another's residence for sexual purposes, which has been punished several times due to the same kind of crime, and in particular, the defendant committed the crime of this case on the date of the appellate trial trial trial due to the same crime, and thus, it seems that the defendant was under a prior action of fine for the reason that he was receiving mental treatment in the first instance of the above case, and it is inevitable to punish the defendant accordingly.

In addition to the above circumstances, all the circumstances, such as the defendant's age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., are subject to the conditions of sentencing.

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