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(영문) 서울남부지방법원 2018.08.23 2018고단2763
주거침입
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a three-year suspended sentence on March 18, 2016 to the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in relation to the Support to Support to Support to Support to Support to Support to Support to Support to Support to Support to Support to Support to Support to Support to Support to Support to Support to Support for Support to Support to Support

[Criminal facts] 2018 Highest 2763

1. On June 4, 2018, around 22:25, the Defendant infringed upon the victim B’s residence by entering the window in front of the window in which the victim’s house located in Yeongdeungpo-gu Seoul Special Metropolitan City, Yeongdeungpo-gu, Seoul, was mailed through open capital, and became favorable to the victim’s house.

2. On June 4, 2018, around 22:30 on June 4, 2018, the Defendant invadedd the victim D’s residence by cutting the gate of the said house into the victim’s house located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, and then invaded upon the victim’s residence.

3. On June 4, 2018, around 22:35, the Defendant violated the victim F’s residence, entering the victim’s house located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, into the victim’s house and invaded the victim’s residence through an open gate.

around 03:19 on April 18, 2018, the Defendant, “2018 Godan 2896,” opened a door door to the fourth floor in which the victim I resides in Gwanak-gu in Seoul Special Metropolitan City, and tried to open a door to the fourth floor in which the victim is living.

As such, the Defendant infringed upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of B, D, F, and I;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of criminal facts;

1. The circumstances favorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The defendant's recognition of each of the crimes of this case is contrary to the defendant, and it is different from the intrusion upon residence.

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