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(영문) 인천지방법원 2019.02.22 2018고단7176
주거침입
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On February 8, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of intrusion upon residence at the Incheon District Court on August 31, 2018 and completed the execution of the sentence.

【Criminal Facts】

On October 2, 2018, at around 09:10 on October 2, 2018, the Defendant came into the Bupyeong-gu Incheon Bupyeong-gu B, and then discovered that the victim D was in his house, and discovered that the victim D was in his house, and then moved into the victim’s house inside of the Incheon Bupyeong-gu, Incheon, Bupyeong-gu, Egate, and opened a window and opened a knife in order to open the knife. The Defendant continued to enter the house of the victim’s G in the Bupyeong-gu, Incheon, Bupyeong-gu, and entered the house of the victim I who was in the F, and then came into the house of the victim I who was in his house in the F.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to G or D;

1. A written statement of the I;

1. Reports on internal investigation and investigation reports (victim I telephone conversations, victim D, G, and I on-site photographs of each residence);

1. A victim DNA or G residential site photograph taken by a police officer at the scene;

1. Previous records of judgment: Application of criminal records, etc., written inquiry report (A), each internal investigation report (verification of details of detention cases made before a suspect A, confirmation of suspect A's identification records), investigation report (verification of criminal records) and Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the crime of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (up to concurrent crimes committed against the victim D who has the largest offense) is committed by the defendant, who intrudes upon the victim's residence in a successive and repeated manner, thereby impairing the peace of the residence of the victims. The victims due to the crime of this case are highly mentally and mentally.

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