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(영문) 대구지방법원 서부지원 2015.09.24 2015고단676
건조물침입등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On June 13, 2013, the Defendant was sentenced to imprisonment for one year and six months for a violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (a minor, quasi-rape, etc. under the age of 13) in the Western Branch of the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on October 26, 2014.

【Criminal Facts】

1. Around 05:20 on January 11, 2015, the Defendant intruded into the above structure by opening a door-to-door visit and bringing in the inner part, 410 and 413, all of which women were living, at the DPublic Notice Board administered by the victim C in Daegu-gu, Seogu, Daegu-gu, and where women were living.

2. On January 11, 2015, the Defendant: (a) around 05:26 on January 11, 2015, at night, went to the house of the victim E (or 23 years old) located in the same place as indicated in the foregoing paragraph (1); (b) the said victim opened a visit and entered the house in which the locked room was opened; and (c) carried 40,000 won in cash on the front of the vessel.

Accordingly, the Defendant invaded upon a human habitation at night and stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Investigation report (Attachment of CCTV photographs to the crime scene of the suspect);

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (verification reports at the expiration of the term of punishment), and other Acts and subordinate statutes;

1. Relevant Article 319 (1) of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense (the point of intrusion upon residence, imprisonment with prison labor) and Article 330 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders was punished several times due to the same kind of crime, and in particular, despite the fact that the defendant was sentenced to imprisonment for one year and six months due to the immediately preceding sex offense, and even though there was a past record of serving a sentence, it is inevitable to punish the defendant with severe punishment, considering the fact that the female committed the larceny by intrusion upon the publicly notified person living during the repeated offense period.

Accordingly, the defendant committed the crime.

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