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(영문) 청주지방법원 2016.07.14 2016고단267
주거침입
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for an attempted special injury at the Cheongju District Court, and the said judgment became final and conclusive on March 10, 2016.

On September 6, 2014, at around 05:20, the Defendant invadedd the victim D (n, 35 years of age) located in Seocheon-gu, Seocheon-si C by entering the house through an unreshed entrance, leading up to the front of the window and the window outside of the living room.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Written statements of D;

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

1. Written appraisal, reply, and genetic appraisal;

1. Previous convictions: Application of Acts and subordinate statutes of inquiry letter, such as criminal history, investigation report (A), attachment of judgment by an appellate court and report on confirmation of final appeal);

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act provides that juvenile protective disposition was issued several times due to special larceny, etc. on the grounds of sentencing under Article 62(1) of the suspended sentence, and each suspended sentence was rendered in 2007 and 2009. The instant crime was committed simultaneously with the crime for which the judgment became final and conclusive and the crime of this case could have been tried at the same time in the relationship of concurrent crimes between the latter and the victim D, the fact that there was an agreement with the victim D, the fact that there was symptoms such as damage, etc., and other factors of sentencing under Article 51

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