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(영문) 서울서부지방법원 2020.04.22 2020고단360
주거침입
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. On August 2, 2018, at around 01:14, the Defendant violated the victim’s residence by reporting that the female’s clothes were personalized in the house of the victim B (n, 51 years of age) located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “C”), and then destroying the female’s body to the ward through a gate that was not corrected to see that the body of the woman was stolen, thereby infringing upon the victim’s body.

B. On August 5, 2018, around 02:36, the Defendant infringed upon the victim’s residence, such as destroying the body of the female, and entering the gate, which was not corrected, through the gate that was not corrected, and then opening the gate, and cutting down the gate into the cell before her windows.

2. On July 16, 2019, around 00:50 on July 16, 2019, the Defendant committed the crime against the victim D, who was in Eunpyeong-gu Seoul Metropolitan Government, stolen a female’s body, and then intruded the victim’s residence, such as cutting away a female body from the direction behind the body of the victim D (the age of 42).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Each written statement D and B;

1. Details of investigation report (E card search, seizure, and verification warrant reply) and E card reply;

1. A report on the occurrence of a house;

1. Dog CCTV images-fame photographs;

1. A report on internal investigation (on-site chief executive officer, etc.);

1. Application of Acts and subordinate statutes to a CCTV image closure photograph;

1. Article 319 (1) of the Criminal Act applicable to the crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's act of intrusion upon the residence of three times the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the crime of this case.

In the case of one victim's residence, only one year has been punished for the crime, and the other victim's residence has been punished for the crime.

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