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(영문) 대전지방법원 천안지원 2017.06.08 2017고단294
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge of larceny is acquitted.

Reasons

Punishment of the crime

[criminal record] On July 22, 2014, the Defendant was sentenced to 6 months of imprisonment with prison labor and 300,000 won for special larceny, etc. in the Daejeon District Court’s Branch, and the parole period was expired on June 30, 2015 during the execution of the sentence in the Incheon Prison. On August 10, 2015, the Defendant was sentenced to 1 year of imprisonment with prison labor for special larceny, etc. in the Daejeon District Court’s Incheon Branch, and the judgment became final and conclusive on the 20th of the same month.

[2] Around July 29, 2016, the Defendant: (a) around 11:20 on July 29, 2016, at the time of the victim D’s house 107 Dong Dong 803, Asan-si, Asan-si, and had the Defendant wear the crime prevention window installed on the front of the corridor by hand; (b) opened the window by inserting the body in the cresh; and (c) moved into the house.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. All on-site photographs;

1. Investigation report (Analysis, etc. of CCTV at the 107-dong entrances of C Apartments, which are the site of the case);

1. CCTV photographs;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of criminal records of the suspect A and the period of repeated crimes), each judgment attached thereto, and application of Acts and subordinate statutes to the status of personal confinement;

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: (a) the method of intrusion upon residence is very poor, such as opening a crime prevention room for the reason of sentencing under Article 39(1) by removing the crime, destroying windows, etc.; (b) the crime of this case is committed without being aware of during the period of repeated crime; (c) the crime of this case is not committed with the victim; (d) the crime of intrusion upon residence is recognized and against the victim; and (e) the equity in the case of being tried with special larceny as indicated in the judgment rendered on January 20, 2017, should be considered together with the special larceny as indicated in the judgment rendered on January 20, 201; and (e) other conditions of sentencing, such as the defendant’s age, sex, family relationship, home environment, motive and means of the crime

1. The acquittal part 1.

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