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(영문) 부산지방법원 동부지원 2019.10.16 2019고단1508
주거침입
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On October 20, 2016, the Defendant was sentenced to a suspended sentence of two years and six months by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act) at the Busan High Court, and the said judgment became final and conclusive on October 28, 2016, and is still under a suspended sentence.

【Criminal Facts】

On July 22, 2019, around 04:00, the Defendant: (a) while driving and boarding a house near the Southern-dong, Busan Metropolitan City (B) with two vehicles owned by the Defendant; (b) discovered the victim C (18 years old); (c) had been walking together with the two vehicles owned by the Defendant; (d) attempted to intrude the victim into the victim’s residence by deceiving the victim to access the victim; and (e) had taken advantage of the said vehicle to the victim’s house.

At around 04:07 on the same day, the Defendant entered the entrance of “E”, which is the victim’s residence in Nam-gu Busan Metropolitan City, at the entrance of the victim, called “E,” and called “E”, “I am at the opening of a door to which the victim does not have any correction of the above Ba,” and “I am at the beginning of a taxable year because I am at the time when I stopped the vehicle on the front side of the above Dora, left the face with the victim, opened the above Dora, following the victim’s residence, and intrudes the victim into the front of the Fhogate where the victim’s residence is located,” and “I am at the beginning of a taxable year.”

하지만 두려움을 느낀 피해자가 문을 열어주지 않자, 다시 차량으로 돌아가 위 차량을 골목길에 주차한 후, 같은 날 04:09경 위와 같은 방법으로 빌라의 출입문을 통하여 피해자의 집 대문 앞까지 침입한 뒤, 위 대문을 세게 ‘쿵쿵쿵’ 수회 두드리며 언성을 높여 “문 열어 봐요. 물건을 흘리셨어요. 문 열어 보라고!!”라고 말하는 방법으로 공동으로 사용하는 주거에 침입하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. The first and second police statements concerning C;

1.Each.

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