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(영문) 서울중앙지방법원 2017.11.01 2017고단5040
주거침입
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 17, 2010, the Defendant was sentenced to five years at the Seoul Western District Court as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and completed the execution of the said sentence on August 6, 2015.

The Defendant, while residing in Seocho-gu Seoul Metropolitan Government C Studio 410, with the knowledge that the victim D (at 20 years of age) residing in the same room 306, went out at the normal night, was able to see the victim’s clothes and clothes from the victim’s dwelling by entering the victim’s dwelling by using the cresh, and infringed upon the victim’s dwelling by opening a door which was not set up in the victim’s dwelling at the victim’s dwelling on May 25, 2017 and entering the victim’s room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Investigation report (Analysis of video-recording images of CCTVs);

1. CCTV video recording (DVD);

1. Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (attached to the judgment, etc.);

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. Circumstances that are favorable to sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: The Defendant’s crime of this case was committed in the manner that the Defendant was aware of the victim’s emotional impulse, fear, sexual humiliation, etc. of having directly observed the above dynamic behavior of the Defendant in his/her dwelling space, as it was found that the Defendant was off his/her house in which young female married at night, and was found out of his/her house in order to get out of his/her house in which he/she lives, and that the Defendant was aware of his/her clothes.

Although the Defendant had been sentenced to five years of imprisonment for a sexual crime resulting from an attempted rape by infringing upon a neighboring female’s residence living together, and thereby, committed the instant crime during the repeated crime period.

Damage victims are punished for defendants.

The defendant's age, sex, environment, occupation, and age.

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