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(영문) 대구지방법원 2018.09.14 2018고단2973
주거침입
Text

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

Reasons

Punishment of the crime

On May 20, 2018, at around 06:20, the Defendant discovered the Victim D(W) who was returning home in front of the convenience store C located in Daegu Dong-gu, Daegu-gu, and subsequently entered the victim’s personal identification number before the 06:25 on the same day, and entered into the open door by entering the victim’s personal identification number before the Dong Dong-gu, 06:25 on the same day, and then entered the victim’s personal identification number, and entered the door to the house by opening a door and opening the door.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a report on internal investigation (to attach photographs to CCTV investigations and caps before and after committing a crime) and a report on investigation (report on the details of conversations related to the fact of damage to a victim);

1. The criminal defendant committed the instant crime in which he/she again commits the same kind of sexual crime even though he/she was finally and conclusive on March 18, 2016 after having been sentenced to a five-year stay of execution, due to the relevant legal provisions, Article 319(1) of the Criminal Act regarding criminal facts, Article 319(1) of the selected criminal law, and the reason for sentencing a sentence of imprisonment with prison labor, at the Daegu District Court on March 18, 2016, he/she committed the instant crime in which he/she had the intention to commit the instant crime, which became final and conclusive on March 21, 2016, and

However, in light of the fact that the defendant followed the victim at a distance of 500 meters or more, followed the victim at a distance of 10 minutes or more in light of the walking speed, and that the victim and the f's clothes also fell close, and that at least the defendant was very close to the victim in the course of intrusion into the victim's residence, the defendant's assertion that the defendant misunderstood the victim as F is difficult to accept.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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