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(영문) 서울북부지방법원 2016.10.12 2016고단457
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On January 28, 2011, the Defendant sentenced the Busan District Court to four years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on December 6, 2014.

【Criminal Facts】

1. On June 20, 2015, the Defendant: (a) around 05:00 on June 20, 2015, acquired one credit card of the Korean bank, a new bank credit card, and one modern department store card, owned by the victim C, which was lost in front of the private family station located in 393, Jung-gu, Seoul.

The suspect did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On August 10, 2015, the Defendant, entering the house, via an open gate, entered the victim E’s house located in Jung-gu Seoul, Jung-gu, Seoul, to the entrance of the house, and invaded on the said victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C and E;

1. A written request for seizure records, list of seizures, photographs of seized articles, and restoration of seized articles;

1. Previous convictions in the judgment: Criminal records, personal identification and confinement status, investigation reports (the filing of a copy of the judgment) [the defendant's house is found to have been intentional upon entering the defendant's residence, and only entered the victim E's house and did not have any intention to enter the residence. However, the following facts acknowledged by the above evidence, namely, that the defendant sought F immediately after the victim E with the victim; that is,, the defendant attempted to find a dunes dunes and escape; that is, the defendant did not specify who is the employee's house fee claimed by the defendant; and that the defendant stated that the house does not have any permanent nature, it is recognized that the defendant had an intention to enter the residence]; and that the application of statutes is recognized as having been intentional upon considering the following facts acknowledged by the above evidence:

1. Relevant Article 319(1) of the Criminal Act and Article 360 of the Criminal Act concerning criminal facts, the choice of punishment (the point of intrusion upon residence).

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