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(영문) 서울남부지방법원 2018.04.09 2017고단190
주거침입
Text

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

Reasons

Punishment of the crime

On August 18, 2016, around 03:20 on August 18, 2016, the Defendant entered the living room and intruded on the victim’s residence in order to cut off the body of the victim, who was in the front of the victim D (the victim D (the victim 109, 22 years of age) of Yangcheon-gu Seoul Metropolitan Government apartment building 109, 1009.

Summary of Evidence

1. Witness D's testimony;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The notification of the results of DNA search, genetic appraisal, investigation report (the confirmation of DNA collection information and output of the computer screen);

1. Ctv photographs (attached to a report on internal investigation No. 4 of the evidence list), CCTV video image [the defendant denied the crime, but the crime occurred during his/her home, women-friendly districts and Kaxax from 03:20 to 03:20 on the day of the occurrence of the crime] correspond to the victim's statement that the victim found the victim's house intrusionr at the time of the crime, and the victim's hand-on phone amount was flicked, and it was around 03:20, after checking the escape time after the victim's escape, the crime in this case appears not to be planned, but to be an incidental behavior by the person who discovered the fact that the entrance of the victim's residence was opened. In light of the fact that the defendant's residence was 1011, the victim's house after leaving the apartment house and immediately after the victim's house was intruded, the CCTV type and the CCTV type of the defendant's house at the time of the crime was discovered.

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