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(영문) 전주지방법원 2015.08.27 2015고단379
주거침입
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 23:00 on February 4, 2015, the Defendant: (a) opened the studio with the second floor through the entrance of the entrance to view the studio of women living in the studio in order to view the studio as a studio in the beginning; (b) reported that the studio 202 was put on the studio window of the victim D residing in the above studio 202; and (c) infringed upon the victim’s residence by stealing the studio to take a bath.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Report of investigation (a photograph of the principal place of the offense, an abstract thereof);

1. Application of Acts and subordinate statutes to capture photographs by cutting down the suspect in the form of on-site photographs and CCTVs, and by cutting down the suspect's criminal scene recorded in CCTVs, and to photographics;

1. It is recognized that there are favorable circumstances such as the pertinent legal provisions on criminal facts, Article 319(1) of the Criminal Act regarding the selection of punishment, the reason for sentencing of sentence (not subject to the sentencing guidelines) that the Defendant recognized the instant crime and divided the depth thereof, the Defendant deposited 3 million won for the victim on August 25, 2015, the Defendant suffered from alcohol respect and shock disorder, the Defendant is the most likely to support the wife and her children, and the Defendant’s wife wanted the Defendant’s wife.

However, although the nature of the crime of this case and the circumstances of the crime are not good, the defendant has not been agreed with the victim, the defendant was punished twice as the same crime (one suspended sentence of imprisonment and one fine). In particular, on December 4, 2014, the Jeonju District Court sentenced a suspended sentence of two years for a year due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Jeonju District Court on December 12, 2014 and sentenced a suspended sentence of two years on December 12, 2014, the crime of this case was committed repeatedly during the suspended sentence period, and the records of this case, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, and circumstances after the crime, etc.

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