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(영문) 서울북부지방법원 2013.03.21 2013고단278
주거침입
Text

A defendant shall be punished by imprisonment for six 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

1. On September 6, 2012, around 23:45, the Defendant entered the Victim C’s house in Jungdong-gu Seoul Central Government, Seoul, and entered the Victim’s house in front of the window beyond the victim’s house and infringed on the Victim’s residence.

2. On September 7, 2012, around 00:48, the Defendant entered the victim’s house E with the victim’s house in Jung-gu Seoul Central Government, Jung-gu, Seoul, and entered the victim’s house in front of the entrance, beyond the above house, and invaded the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

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

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order were sentenced to a fine of KRW 2 million. However, the Defendant was sentenced to a prison term of five times in total due to a crime of attempted special robbery (three years of imprisonment) and one-time protective custody. In addition, since the Defendant was sentenced to a fine of KRW 5 million due to larceny, etc. in 2010, the Defendant shall be ordered to be put under probation so as not to cause recidivism in the future, and the Defendant shall be ordered to provide community service as an opportunity against this mistake, and shall be ordered to provide community service as an opportunity against this mistake.

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