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(영문) 전주지방법원 남원지원 2019.01.29 2018고단278
주거침입
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 2018 to October 2018, the defendant had been living in the vicinity of the victim B (L, 17 years old) who had been first reported at the convenience store, but discovered the victim's residence and became aware of the victim's residence.

On November 18, 2018, from around 02:50 on the same day to around 03:10 on the same day, the Defendant opened an entrance in which the victim’s residence was not corrected, and went to the inner room where the victim was locked, and then went to the victim who was locked by the victim, and then the victim was able to look back from the outer room where the victim was locked, and then, the victim was able to keep and figure out from the lock, and the victim was able to report with a mobile phone and escaped.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. 112 reported case handling table;

1. Photographs of the damaged site;

1. Application of Acts and subordinate statutes to internal investigation reports, internal investigation reports (related to the verification of CCTV images at the scene of the incident), internal investigation reports (related to the tracking of the moving routes of a suspect and the specification of a suspected vehicle), internal investigation reports (Saly checking CCTV which photographs the suspect's residence), investigation reports (Hearing the victim's statement), and accompanying documents;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Despite the fact that the Defendant had already infringed upon another person’s residence and had been punished several times for violent crimes, such as rape, robbery, theft, etc., the Defendant again committed the instant crime.

The defendant intrudes on the residence of the married victim who is mere 17 years of age at night, and it seems that the mental shock that the victim suffered was very serious, and the nature of the crime of this case is very poor.

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