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(영문) 서울남부지방법원 2015.06.25 2014고단4612
주거침입
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 14, 2014, the Defendant was sentenced to six months of imprisonment for a crime of intrusion upon residence in Seoul Southern District Court, and completed the execution of the sentence in Seoul Southern District Court on October 31, 2014.

The defendant is a person who has married with the offspring of the victim C.

On October 31, 2014, around 21:40 on October 31, 2014, the Defendant opened a gate that has not been corrected in the house, and opened the door to the third floor with the stairs, and intruded the residence of the victim on the ground that the victim living in Guro-gu Seoul Metropolitan Government D wants to ask the victim to use the gate.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Previous convictions indicated in judgment: Report on investigation (this case's indictment, judgment of the court of first instance, attachment to the status of confinement) (this case's indictment);

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In light of the fact that the defendant's reason for sentencing Article 35 of the Criminal Act among repeated crime is the crime of intrusion upon the victim, who was a divorce lawsuit, and the execution of the sentence is completed, the sentence is inevitable for the defendant, considering the fact that the defendant intrudes into the same residence on the same day, and that there is no agreement with

On the other hand, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered in consideration of the fact that the defendant recognizes and reflects the crime.

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