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(영문) 서울중앙지방법원 2016.11.29 2016고단7447
주거침입
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

When the victim's house in Gangnam-gu Seoul Metropolitan Government C 301 came to the victim's house, the defendant sent the entrance door password to the house, and opened the entrance door password, and the victim sent the above password to the victim and opened the entrance in the absence and thought that the victim will enter the victim's house.

1. At around 12:00 on July 17, 2016, the Defendant: (a) opened a entrance at the victim’s panty to report panty of the victim; and (b) entered the victim’s house and intruded the victim’s residence.

2. On July 20, 2016, around 23:30 on July 20, 2016, the Defendant opened a entrance to report the victim’s panty, and entered the victim’s panty room, and the victim’s friendly Gu went out of the house and infringed upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes in written statements prepared D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant acknowledges his mistake and the victim does not want the punishment against the defendant);

1. It is so decided as per Disposition for the reason under Article 62-2 (1) of the Criminal Act for probation;

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