(영문) 서울중앙지방법원 2016.01.29 2015고단7901

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(영문) 서울중앙지방법원 2016.01.29 2015고단7901

주거침입

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

Reasons

Punishment of the crime

On February 10, 2011, the Defendant was sentenced to a suspended sentence of 6 months by night intrusion, theft, etc. at a general military court of the 17th association, and was sentenced to a suspended sentence of 2 years and 4 years by imprisonment on November 28, 2013. On October 29, 2014, the Defendant was sentenced to a suspended sentence of 2 years and 4 years by violating the Act on the Punishment, etc. of Sexual Crimes (Habitual Intrusion) at the Seoul Eastern District Court (hereinafter “Seoul East East District Court”), and completed the execution of the sentence at the Sungdong District Court on August 27, 2015.

On October 23, 2015, at around 03:14, the Defendant: (a) opened a new gate to check the room where women E are flicked by using the gap in the management room of the entrance at the entrance, and (b) opened the new gate to check the room where women are flicked; (c) opened the gate to find the key of each subparagraph where the victim E is flicked; and (d) opened the gate and opened the hallway to the corridor, and intrudes upon the above flick door where the victim E resides in the said key.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense, Article 319 of the Criminal Act selecting a penalty, and imprisonment;

1. The reason for sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act is that the Defendant again committed the instant crime during the period of repeated crime after the execution of imprisonment for the same kind of crime, and the Defendant’s method of committing the instant crime is the same as that of the previous punishment and has prevented the Defendant from committing the crime of intrusion upon residence repeatedly, it seems highly likely to repeat the crime.

Considering the fact that victims do not want to punish the defendant, it is necessary to severely punish the defendant.

The defendant's age, sex, environment, family relationship, and crime.

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