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(영문) 서울북부지방법원 2018.08.17 2018고단2052
주거침입
Text

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

Reasons

Punishment of the crime

1. On April 30, 2018, the Defendant infringed upon the victim’s residence by opening the said house gate and taking windows going to the port from the entrance of the entrance through the building math and the stairs, for the purpose of cutting away the room of the female residing in the Seoul Seongbuk-gu Seoul and the victim D’s multi-households.

In addition, the Defendant infringed on the victim’s residence at least nine times in total, as shown in attached Table 1, from May 3, 2018 to May 23:15, 2018.

2. On May 11, 2018, at around 22:57, the Defendant infringed upon the victim’s residence by putting out the official door password, opening the door door door door, and hearing women’s sound on the second floor of the building through stairs in order to listen to the sound in the room of women residing in Seongbuk-gu Seoul.

In addition, the Defendant intruded on the victim’s residence four times in total, such as the list of crimes in attached Form 2, from May 13, 2018 to May 23:43, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to the closure screen ofCCTV image);

1. Article 319 (1) of the Criminal Act; Article 319 of the same Act concerning the crime; and Article 319 of the same Act concerning the selection

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant committed each of the instant crimes during the period of suspension of execution for the same crime; (b) the victims did not receive a letter of suspicion; (c) the Defendant is against the Defendant; and (d) other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

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